WARREN, Maine — A lawsuit has been filed in federal court on behalf of a prisoner who claims he was the victim of an assault by a guard on Christmas Eve two years ago.
The guard, David J. Cutler, 56, of Appleton, already was arrested and charged with one count of assault in February 2013 in connection with the incident. Cutler is out on bail awaiting trial, which is scheduled to begin Jan. 5, 2015, in Knox County Superior Court.
The lawsuit on behalf of inmate Renardo Williams was filed Monday in U.S. District Court in Bangor.
Williams is seeking $300,000 in damages from Cutler and other defendants listed in the suit —- a grievance officer at the prison, the prison warden and Maine Department of Corrections commissioner.
The criminal complaint against Cutler alleges that he intentionally, knowingly or recklessly caused bodily injury or offensive physical contact to Williams on Dec. 24, 2012, at the state prison in Warren.
Williams is serving a prison term for trafficking in drugs, with an expected release date in February 2021. He was moved to the Maine Correctional Center in Windham after the alleged incident in 2012.
An affidavit written by an investigator with the Maine Department of Corrections and filed when Cutler was charged states that Williams was brought to a prison office on Christmas Eve. Cutler then ordered Williams, who had his hands cuffed behind him, to sit, according to the affidavit. Williams refused, saying it was his free will to decide whether to sit or stand. Cutler then pulled Williams’ legs out from under him and the inmate fell on his back and was injured, according to the report, which does not detail the extent of the injuries.
Williams also alleges in his civil lawsuit that after the incident he was placed on a watch list, was subjected to increased security checks and had his mail screened more than normal. He claimed those actions were taken in retaliation against him by prison officials and that a grievance officer denied his complaint about being put on the watch list.
The lawsuit also claims that the warden and corrections commissioner should have been aware of the retaliation against him.
Officials with the Maine Department of Corrections did not respond Tuesday afternoon to an email message seeking comment.
Williams is represented by attorneys Eric and Cynthia Mehnert of Orono.
The Class D offense against the guard is punishable by up to a year in jail. Cutler, who has pleaded not guilty, first was put on administrative leave and then fired in April 2013.