Kenneth J. Houck Jr., an openly gay inmate who was brutally assaulted five years ago, last month renewed his plea for a medical expert in his civil suit against the federal prison system.
But the U.S. Department of Justice continues to oppose Houck’s request, noting that Houck’s indigent status doesn’t entitle him to a court-appointed medical expert.
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.
According to Houck’s suit, authorities denied his request for protection prior to his assault. After his assault, authorities failed to provide proper medical care, resulting in “cruel and unusual punishment.”
Houck says a neutral medical expert should participate in the litigation to help ensure the fairness of the proceeding.
“Should [Houck] be denied funds for a medical expert, it would be a gross miscarriage of justice, where the truth is left a secret, wallowing in silence, merely for the sake of only money,” Houck said in his July 28 filing. “It would then be only because of money that an injustice be allowed to prevail — and not the actual issues or merits of the circumstances. Is justice only meant for those who can pay for it?”
Houck offered to reimburse the court for the expense of a court-appointed medical expert, when he has sufficient funds. “[Houck] sees no other remedy available to ensure fairness in this matter,” he added.
But the DOJ maintains the court has discretionary power to deny Houck’s request, and should do so. The DOJ also notes that Houck has other claims that can be pursued without a medical expert, 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.
Houck, 41, is imprisoned for transporting child pornography. His scheduled release date is June 23, 2018, according to court records.
U.S. Bureau of Prison officials had no comment for this story.