Judge allows inmate’s failure-to-protect claim to proceed, dismisses part of suit against New Jersey prison warden
Newark, NJ – A federal judge has ruled that a New Jersey inmate’s lawsuit alleging he was violently assaulted with the help of a corrections officer may move forward, while dismissing certain claims against the prison’s warden.
U.S. District Judge Brian R. Martinotti issued the opinion on September 11 in the case of Mears v. Smith and Ortiz. Plaintiff Keith E. Mears, who is representing himself, alleges that Correctional Officer Smith deliberately allowed other inmates to attack him inside his cell in May 2022.
According to the complaint, two inmates first confronted Mears, telling him that Smith “didn’t want [him] in his unit.” Later that day, Smith allegedly opened Mears’ cell door, permitting six inmates to enter and beat him until he lost consciousness. Mears says he was hospitalized for a week as a result.
Mears further claims he filed grievances to Warden Ortiz, who dismissed the concerns, offered him $300 to “leave this problem alone,” and allegedly told him that the attack was retaliation because Mears and an associate had “killed [Smith’s] family member.”
The court had previously allowed Mears’ Eighth Amendment “failure to protect” claim against Smith and a supervisory liability claim against Ortiz to proceed. In their motion to dismiss, the defendants argued the case was time-barred and that the claims against Ortiz were legally insufficient.
Judge Martinotti rejected dismissal of the claims against Smith, allowing the core failure-to-protect allegations to move forward. However, the court dismissed part of the case against Ortiz, finding the supervisory liability allegations did not meet the necessary legal threshold.
The ruling means Mears’ case will continue, but primarily against Smith, the officer accused of facilitating the attack.
Key Points
- Judge Brian R. Martinotti ruled on an inmate’s civil rights lawsuit alleging a brutal prison assault.
- Claims against C/O Smith for failure to protect survive; parts of the case against Warden Ortiz dismissed.
- Plaintiff alleges a corrections officer allowed six inmates to attack him, leaving him hospitalized.
The case now moves into the next phase of litigation, keeping alive serious claims of officer complicity in inmate violence.