The Stabbing of Razzaq

“Razzaq was an inmate at the Leavenworth Detention Center, a federal penitentiary operated by the CCA. Razzaq alleges that on the morning of March 16, 2010, Volle informed Razzaq that he would be receiving a cell mate. Razzaq replied that he was on “single cell status” and did not want a cell mate, and especially not the cell mate in question, who Razzaq said was a big troublemaker with a history of assaults. Razzaq was removed from his cell for an hour of outdoor recreation. When he returned, Limeweaver, Garcia, and Castellon were there with the new cell mate. Both the cell mate and Razzaq were handcuffed. Razzaq again voiced his desire not to have this particular cell mate and asked to see a supervisor. Razzaq and the cell mate were placed inside the cell, and Limeweaver, Garcia, and Castellon went outside the cell. Limeweaver then uncuffed the cell mate. The cell mate pulled a knife out of his pants and stabbed the still-handcuffed Razzaq seventeen times.”  Razzaq v. Corr. Corp. of Am., 2012 WL 966077 (D. Kan. Mar. 21, 2012).

To summarize, as a three-line drama:

RAZZAQ: Please don’t put him in with me, I will be stabbed.
THEY: You will be fine.
RAZZAQ: Please don’t put him in with me, I will be stabbed!

*he is put in with Razzaq; Razzaq is stabbed.*

For his trouble, Razzaq receives a ruling as follows:

Because the CCA is a private entity, and Bivens and Section 1983 do not extend to private entities, Razzaq has failed to state a claim upon which relief can be granted. Therefore, the court grants the motion to dismiss as to the CCA.

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