Kenneth J. Houck Jr., an openly gay federal inmate who was brutally assaulted five years ago, recently requested that a court-appointed medical expert participate in his civil suit against the prison system.
But in a reply brief filed June 27, the U.S. Department of Justice opposed Houck’s request.
In 2011, Houck was assaulted by two other inmates at the Federal Detention Center in Philadelphia. Houck’s right leg was broken in multiple places, and he continues to walk with a limp.
Last year, Houck filed suit against the U.S. Bureau of Prisons, seeking $1.8 million in damages.
Houck contends prison authorities failed to provide him with adequate medical care, thus violating his constitutional right to be free from “cruel and unusual punishment.”
He said a neutral medical expert should participate in the litigation, to help ensure the fairness of the proceeding.
But in a four-page reply brief, DOJ attorneys opposed the involvement of a court-appointed medical expert. The brief notes that Houck’s status as an indigent inmate doesn’t entitle him to a court-appointed medical expert.
The brief goes on to state there’s no law that requires the court to appoint an expert.
“A court’s authority to appoint an expert under [federal law] is discretionary,” the DOJ wrote.
Additionally, it stated, if Houck doesn’t prevail on his medical-neglect claim, he still has other claims to pursue against the prison system, including defamation, libel, retaliation, employment discrimination and verbal harassment.
As of presstime, Houck’s request for a court-appointed medical expert remained pending with U.S. Magistrate Judge Kathleen M. Tafoya.
Houck is serving as his own attorney in the matter, after Tafoya denied his request for a court-appointed attorney.
In a letter to PGN, Houck said prison authorities withheld his legal mail for several weeks, rendering it difficult for him to respond to government filings in a timely manner.
He also said he’s been placed in solitary confinement in retaliation for filing suit, and he reiterated the need for legal expertise on his behalf.
Prison authorities had no comment for this story.
Houck, 41, is imprisoned for transporting child pornography. His scheduled release date is June 23, 2018, according to court records.