ASSHOLE SUING FOR DAMAGES BASED ON HIS ASSHOLEISHNESS

by Bob Walsh

Jermaine Padilla is an asshole. He is a guest of the state and probably has legitimate mental health issues. He is still an asshole.

There are rules when you are in prison. Those rules are necessary for the safe, efficient running of the prison. They protect both the staff and the prisoners.

Back in 2012 staff wanted Padilla to come out of his cell. He didn't want to. So he was "extracted." Cell extractions have been videotaped for YEARS. The staff asks nicely pretty please will you come you. Then, eventually, a suit comes down and asks pretty please, come out of your cell. If you don't they go in and get you. It isn't pretty. The prisoner often plays up to the camera which he KNOWS is there and screams like a mashed cat.

Padilla's lawyer is suing the formerly great state of CA and is asking for punitive damages as well as compensatory damages, alleging that the state is liable for "malice and oppression" committed by the evil "prison guards" who extracted Padilla from his cell.

Padilla was, at the time, housed in the mental health crisis unit in the state prison at Corcoran. He had stopped taking his meds, and smeared himself with his own shit. At that time the mental health professionals determined it was necessary to get Padilla out of the cell. He refused. So they blasted the crap out of him with a shitload of pepper spray, then went in after him and strapped him down to a gurney. He was kept restrained for some time (like a day and a half). He was NOT transferred to DMH (Dept. of Mental Health), perhaps in part because of the onerous paperwork required, even though the department guidelines seem to indicate it should have been done.

The bottom line is that dealing with nutters is difficult. Dealing with dangerous nutters is difficult and dangerous. I would humbly suggest that Padilla's lawyer and the federal judging looking at this, as well as the jury, should come down to the mental health unit (IN UNIFORM AND NOT IN STREET CLOTHES) and check out the situation and how it really works.

Was Padilla mistreated? Damned if I know. I do know that dealing with nutters is far from as easy as the lawyers and the courts pretend it should be.