Richter V. Romero Et Al

On February 2, 2024, the Arizona jury returned a defense verdict in favor of the Arizona Department of Corrections officers after finding no violation of the Plaintiff's Eighth Amendment rights in this prisoner civil rights action.

Case Background

On October 25, 2019, Fernando Hernandez Richter filed a civil rights action against the Arizona Department of Corrections officers before the United States District Court, Arizona (Phoenix Division). Senior Judge David G Campbell presided over this case. [Case number: 2:19cv5513]

Cause

Plaintiff Fernando Richter was a prisoner under the Arizona Department of Corrections (DOC). In 2016, after a jury trial in Pima County Superior Court, the court convicted Richter of multiple felonies and sentenced him to a total of 58 years, served consecutively and concurrently. In March 2016, Richter entered DOC custody to serve his sentence. Prior to incarceration, he had mental health issues and was unemployed, receiving disability payments. His conviction involved his three stepchildren, making him especially vulnerable in prison. Concerned for his safety, Richter requested protective custody, even though he had not been convicted of a sex offense. The facility initially placed him at ASPC Eyman, Meadows Unit in June 2016. On October 24, 2017, Richter reported under the Prison Rape Elimination Act (PREA) that another inmate at Meadows Unit was sexually assaulting him. Around this time, other inmates informed DOC staff that Richter would not be safe there. Consequently, he was moved to ASPC Eyman, Cook Unit. Two days later, on October 26, 2017, Richter made another PREA complaint to Defendants Romero and Bowers. He detailed ongoing assaults, including nonconsensual sodomy and fellatio, the most recent of which occurred on October 24. Richter also mentioned threats from other prisoners and reported mental health issues, including hallucinations, medication use, and weight loss. He requested help contacting Corizon, the healthcare provider for DOC inmates. While Richter was interviewed by Defendant Madsen for the PREA investigation, he reiterated the threats he faced. After a