The U.S. Department of Justice last month urged the dismissal of Kenneth J. Houck Jr.’s lawsuit against the federal Bureau of Prisons.
Houck, who’s openly gay, was brutally assaulted in 2011 at the Federal Detention Center in Philadelphia, while reading an LGBT novel in his cell.
Houck’s right leg was fractured in multiple places, and he continues to walk with a limp. Other conditions stemming from the assault include hammer-toe syndrome, neuropathy, burning, bruising and swelling, according to court papers.
Last year, Houck filed suit against the U.S. Bureau of Prisons, seeking more than $1 million in damages.
According to Houck’s complaint, which he amended in August, he was targeted for assault due to his sexual orientation. Prison officials also exhibited antigay bias when allegedly failing to provide proper follow-up care and protection.
Houck alleges that authorities violated several of his constitutional rights, including his right to be free from cruel and unusual punishment.
Specifically, Houck contends that when prison authorities in Colorado asked why he was assaulted, Houck disclosed his sexual orientation. The disclosure resulted in additional animosity from prison staff and ostracism among fellow inmates, according to Houck’s suit.
Moreover, Houck was denied necessary medical treatment on a timely basis, allegedly due to antigay bias. Prison authorities allegedly retaliated against Houck when he complained of mistreatment by placing him in solitary confinement. They also spread untruths about Houck, placing him at risk for additional assaults, according to Houck’s suit.
Additionally, prison authorities only allowed Houck to work as a “sidewalk sweeper” earning about $5.25 a month, rather than working in more lucrative positions earning up to $300 monthly, according to Houck’s suit.
Last month, the Justice Department replied to Houck’s amended complaint by urging its dismissal. The department said defending against Houck’s numerous claims would be unduly burdensome.
“Consulting with all of [the] defendants, many of whom likely no longer work for the Bureau of Prisons in Colorado, or even for the federal government at all, represents a significant burden for the defense,” states the department’s 11-page reply brief.
The reply also states that prison authorities didn’t violate any of Houck’s federal or state rights. “[Houck] simply speculates that the allegedly inadequate medical treatment he received, as well as the fact that he was not given the job he wanted, were due to discrimination and bias,” according to the filing.
Additionally, the government’s filing notes that Houck hasn’t obtained the input of a medical expert to support his medical-negligence claims, which is required under Colorado law.
As of presstime, the case remained under review by U.S. Magistrate Judge Kathleen M. Tafoya.
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.