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| Court reinstates inmate's suit over alleged beatings |
| By The Salt Lake Tribune |
| Published: 12/29/2003 |
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Years after he claimed he was beaten up twice while awaiting trial for murder, Jerry William Dickey has won a court ruling reinstating his lawsuit against jail officials he contends failed to protect him from other inmates. The 10th U.S. Circuit Court of Appeals ruled that the defendants never filed a required motion for summary judgment and overturned a decision that threw out Dickey's suit. The appeals court made no ruling on the merits of the claim, but merely allowed the case to continue through the justice system. Dickey was being held in the Salt Lake Metro Jail when he claims he was beaten by other inmates on Oct. 16, 1995, and April 30, 1996. In his suit, filed in 1997, he alleged that jail officials violated his civil rights by showing deliberate indifference for his safety. The officials have denied the allegations. A federal judge in Salt Lake City dismissed the suit in late 1997 on the grounds that Dickey had failed to go completely through the administrative system with his complaint, but the 10th Circuit reinstated it the next year. After more filings in the case, the judge in February found in favor of the jail officials. Dickey appealed to the 10th Circuit, which handed down its ruling. Dickey will have to press his case from behind the bars of the Utah State Prison in Gunnison, where he is serving a one-to-15-year sentence for manslaughter. He pleaded guilty to the execution-style slaying of Michael Lee Bartlett, who was shot in the head in September 1995 and then thrown over an embankment at Big Cottonwood Canyon. Prosecutors claimed Dickey and another friend wanted to become big-time marijuana dealers and killed the 19-year-old Bartlett for talking too much about their plans. Dickey, now 41, contended that he merely fell into the wrong crowd and was framed for the crime. But a state court judge called Dickey a calculating and manipulative career criminal and recommended that he serve the entire 15-year sentence. Dickey is scheduled for his first hearing before the Utah Board of Pardons and Parole in September 2006. |
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