Davis v. Moss

OWENS, Chief Judge:

The court held a bench trial in this prisoner civil rights action brought under 42 U.S.C. § 1988. Plaintiff Davis charged that his Eighth Amendment right to be free from cruel and unusual punishment was abridged by defendant Moss when he shoved plaintiff down the stairs of a fire escape and by defendant Jordan when he punched Davis in the face and struck Davis’ legs with a night stick. Davis prays for compensatory and punitive damages. The court will consider the claims separately as plaintiff does not allege that the defendants acted in concert. After thorough…