Nugent v. Rush (USA)

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Anthony Nugent, who will be in prison until 2024,  is suing Correctional Officer Rush and the California Department of Corrections and Rehabilitation (“CDCR”) for violations of the Eighth and Fourteenth Amendments to the United States Constitution. Nugent alleges that he is a confined transsexual who is also infected with the AIDS/HIV virus. During the time he was housed as the Los Angeles County California State Prison in administrative segregation, Nugent claims that was repeatedly harassed,  i insulted, threatened, and discriminated against by  Rush based on Plaintiff’s gender identity. Specifically, Rush allegedly approached Plaintiff and stated “I hate you. I hate male to female transgenders, especially with AIDS.” On a prior occasion, Defendant Rush stated to Plaintiff in a threatening manner “I’m going to beat you faggot ass and spray you. Then I’ll tear-up your faggot-ass cell, because I don’t like faggots.” The court noted that Nugent failed to state a claim under § 1983 for violation of the Equal Protection Clause based upon sexual orientation discrimination. The only alleged discrimination by Nugent is verbal abuse and derogatory remarks concerning his sexual orientation.  However, allegations of verbal harassment and abuse alone fail to state a claim cognizable under section 1983. As a result, however offensive and derogatory the language that  Rush allegedly used against Nugent, that alone does not give rise to a constitutional claim.  The court thus directed Nugent to show cause why his complaint should not be dismissed.

Nugent v. Rush.

Nugent v. Rush Complaint.

tanya

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