Current Events > Prison sued after gay man was killed by homophobic cellmate who openly hated him

(+) Yeah! (+)

The family of Rodriguez Burks, 23, is suing the Michigan Department of Corrections after Burks was murdered by his homophobic cellmate despite both inmates requesting relocation.

Last month, DeShawn Madden, also 23 was convicted of the first-degree murder of Burks in their shared cell. Serving a sentence for carjacking, armed robbery and assault with intent to commit murder, Madden told prison staff that unless he was reassigned to a new cell, he would harm Burks, who was serving a two-year sentence for fleeing and eluding officers.

"Although Madden was charged with the killing of Rodriguez Burks, each and every defendant, herein was the proximate cause of the murder," reads the lawsuit against the Alger Correctional Facility Warden Catherine S. Bauman, Deputy Warden Robert Wickstrom, Prison Administrator Dean Potilla, and 18 other staff members.

Other inmates reported to that both men had repeatedly asked to be separated in the days leading up to the killing. "[Madden] was like, 'Hey I am not gonna be locked in here with a ___,'" inmate Todd Wentworth told The Metro Times. "And the guard was like, 'It's not our problem.'"

"This gentleman told [the guard] very clearly, 'Look I'm gonna hurt this guy if you don't move me out this cell,'" noted inmate Edward Spear. "Burks also told [another staffer], 'I can't lock with this guy; we're having issues, we can't do this.'"

Fellow inmates say Burks asked the resident unit manager for a new cell when she made her rounds the morning of the murder.

"She was like, 'You're not here for convenience.' Basically, we're not moving you 'cause you wanna move this ain't the Holiday Inn," Wentworth says. A few hours later he heard shouts from Burk and Madden's cell, followed by silence.

According to the suit, Burks was found dead in his cell, lying face down from a head injury. This was only two days after he was placed in a cell with Madden.

At the time of Burks's death, he was nine months away from being eligible for parole.

The lawsuit, which is filed on behalf of Burks's mother, claims that both inmates and corrections officers knew that Burks was gay and Madden was violently homophobic. The lawsuit seeks $75,000 in damages for gross negligence, racial discrimination, and cruel and unusual punishment.

Full Article: https://www.advocate.com/crime/2018/6/01/prison-sued-after-gay-man-killed-homophobic-cellmate



I get that they don't want to normalize the idea of prisoniers declaring what cell they want and who their cellmates are.

But come on this was obviously going to end badly. I bet a dollar for donuts they wouldn't lock up a violent klansman with a black guy or a Nazi with a Rabbi.

I think the case has merit.
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Cant believe they are only seeking 75k

This is inexcusable behavior by the prison staff. There should be a full investigation and a majority of the staff from top to bottom should be replaced.

It will never happen though
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fucked up story. reminds me of other times when prison staff let people die. like when they complain of pain and staff laugh at them. and then the inmate is found dead.

this kind of thing happens all the time in prisons. and nothing ever changes

Yeah no doubt the prison deserves a lot of blame here. Honestly think prisons should be sued way more often. I certainly feel like they have a responsibility to ensure people aren't raped or murdered while incarcerated. I'm not sure why people seem so willing to accept prison should be this ungodly horrifying situation place.

Prison shouldn't by any means be a pleasant experience, but there isn't a good reason to make prisoners not feel safe from violence. Lock them up, but don't give them ample opportunities to assault each other.
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Zikten posted...

reminds me of other times when prison staff let people die. like when they complain of pain and staff laugh at them. and then the inmate is found dead.

Ehhhhhhhhhhh

I can kinda sympathize. I bet they have to deal with that on a weekly if not daily basis and I bet 17/20 times it's utter bullshit from people fucking with them
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This wouldnt have happened if the prisoner had a gun
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>75k

guess being a black homosexual male matters 1% as much as a white lesbian female.

solosnake posted...

Cant believe they are only seeking 75k

It's a realistic number. American prisons (clearly) are not made of money.
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008Zulu posted...

solosnake posted...

Cant believe they are only seeking 75k

It's a realistic number. American prisons (clearly) are not made of money.

which is kind of funny because they are a massive for-profit business.

FluttershyPony posted...

008Zulu posted...

solosnake posted...

Cant believe they are only seeking 75k

It's a realistic number. American prisons (clearly) are not made of money.

which is kind of funny because they are a massive for-profit business.

Well what ya gonna do?
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This happens in prison a lot unfortunately, gay ppl are targets in the big house
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solosnake posted...

Cant believe they are only seeking 75k

This is inexcusable behavior by the prison staff. There should be a full investigation and a majority of the staff from top to bottom should be replaced.

It will never happen though

Yeah for that much they're just gonna settled and avoid any real consequences
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Lordgold666 posted...

This happens in prison a lot unfortunately, gay ppl are targets in the big house

ironic considering all the gay sex that happens

UnfairRepresent posted...

Zikten posted...

reminds me of other times when prison staff let people die. like when they complain of pain and staff laugh at them. and then the inmate is found dead.

Ehhhhhhhhhhh

I can kinda sympathize. I bet they have to deal with that on a weekly if not daily basis and I bet 17/20 times it's utter bullshit from people fucking with them

Just imagine a prison where they have in to every request. It would be bonkers.
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"hey I'm going to murder this guy"

*murders said guy*

"HOW COULD WE HAVE KNOWN?!"
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They were warned.

Now they have to deal with the consequences.
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Prisons have to take claims of cell conflicts seriously to avoid this exact scenario. If both cellmates are saying theyre not okay with it, then it is absolutely the prisons responsibility when that occurs. They deserve to be sued if theres a paper trail and classification never caught onto it.

Place either one in seg for a bit until it can be sorted out but there is zero sense in leaving things as they were.
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NeonOctopus posted...

This wouldnt have happened if the prisoner had a gun

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Solid Sonic posted...

Prisons have to take claims of cell conflicts seriously to avoid this exact scenario. If both cellmates are saying theyre not okay with it, then it is absolutely the prisons responsibility when that occurs. They deserve to be sued if theres a paper trail and classification never caught onto it.

Place either one in seg for a bit until it can be sorted out but there is zero sense in leaving things as they were.

Part of the problem is, is prison staff who treat prisoners as sub human or not human at all.

like a prison ain't gotta be a Holiday Inn in order for small accommodations to be made for the safety of its population
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wackyteen posted...

Solid Sonic posted...

Prisons have to take claims of cell conflicts seriously to avoid this exact scenario. If both cellmates are saying theyre not okay with it, then it is absolutely the prisons responsibility when that occurs. They deserve to be sued if theres a paper trail and classification never caught onto it.

Place either one in seg for a bit until it can be sorted out but there is zero sense in leaving things as they were.

Part of the problem is, is prison staff who treat prisoners as sub human or not human at all.

like a prison ain't gotta be a Holiday Inn in order for small accommodations to be made for the safety of its population

But this is a matter of written protocol. Threats of violence against other inmates made known to staff must be addressed because of the potential liability, which they are about to get a lesson in.

Prisons have a complex classification division to make sure things are as organized and safe as possible (so no Crips and Bloods in the same cell, that sort of thing). Homophobia is an area that is noted by the system.
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Solid Sonic posted...

Prisons have to take claims of cell conflicts seriously to avoid this exact scenario. If both cellmates are saying theyre not okay with it, then it is absolutely the prisons responsibility when that occurs. They deserve to be sued if theres a paper trail and classification never caught onto it.

Place either one in seg for a bit until it can be sorted out but there is zero sense in leaving things as they were.

problem Is, inmates could game that
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UnfairRepresent posted...

Solid Sonic posted...

Prisons have to take claims of cell conflicts seriously to avoid this exact scenario. If both cellmates are saying theyre not okay with it, then it is absolutely the prisons responsibility when that occurs. They deserve to be sued if theres a paper trail and classification never caught onto it.

Place either one in seg for a bit until it can be sorted out but there is zero sense in leaving things as they were.

problem Is, inmates could game that

You can be punished for trying to manipulate classification, such as sanctions on commissary or visitation.
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1st world prison problems

FluttershyPony posted...

008Zulu posted...

solosnake posted...

Cant believe they are only seeking 75k

It's a realistic number. American prisons (clearly) are not made of money.

which is kind of funny because they are a massive for-profit business.

Federal and state run prisons, which is the case here, are not profit machines. It's the private prisons which make bank.
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Wherethisfeom posted...

Should've killed the psycho before it was too late

killed him before he did anything?
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UnfairRepresent posted...

Zikten posted...

reminds me of other times when prison staff let people die. like when they complain of pain and staff laugh at them. and then the inmate is found dead.

Ehhhhhhhhhhh

I can kinda sympathize. I bet they have to deal with that on a weekly if not daily basis and I bet 17/20 times it's utter bullshit from people fucking with them

I work in a prison. 80% of the time it's done for attention. Still, you have to make a log of it and try to contact medical for this exact reason, if you are wrong a man dies.

That said, I can hear the unit manager saying that to him as well, and if anyone is found that the defendant definitely said he would hurt his cell mate, they should 100% be fired and prosecuted. These are violent offenders, you have to take that shot seriously.

Just put the guy in seg. He had 9 months left ffs
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Good. Prisons should be sued when inmates are killed. They should be sued when inmates are raped.
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_MorningStar posted...

UnfairRepresent posted...

Zikten posted...

reminds me of other times when prison staff let people die. like when they complain of pain and staff laugh at them. and then the inmate is found dead.

Ehhhhhhhhhhh

I can kinda sympathize. I bet they have to deal with that on a weekly if not daily basis and I bet 17/20 times it's utter bullshit from people fucking with them

I work in a prison.

no you don't
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UnfairRepresent posted...

_MorningStar posted...

UnfairRepresent posted...

Zikten posted...

reminds me of other times when prison staff let people die. like when they complain of pain and staff laugh at them. and then the inmate is found dead.

Ehhhhhhhhhhh

I can kinda sympathize. I bet they have to deal with that on a weekly if not daily basis and I bet 17/20 times it's utter bullshit from people fucking with them

I work in a prison.

no you don't

He probably does. He has a sig after all...
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ImTheMacheteGuy posted...

UnfairRepresent posted...

_MorningStar posted...

UnfairRepresent posted...

Zikten posted...

reminds me of other times when prison staff let people die. like when they complain of pain and staff laugh at them. and then the inmate is found dead.

Ehhhhhhhhhhh

I can kinda sympathize. I bet they have to deal with that on a weekly if not daily basis and I bet 17/20 times it's utter bullshit from people fucking with them

I work in a prison.

no you don't

He probably does. He has a sig after all...

I don't believe him/her

unless he is like a social worker or something
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This gentleman...

UnfairRepresent posted...

Zikten posted...

reminds me of other times when prison staff let people die. like when they complain of pain and staff laugh at them. and then the inmate is found dead.

Ehhhhhhhhhhh

I can kinda sympathize. I bet they have to deal with that on a weekly if not daily basis and I bet 17/20 times it's utter bullshit from people fucking with them

If he said something along the lines of "I'm gay and my cellmate hates gays" then they should have immediately understood that there was a serious risk of injury/death. It's not rocket science.
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which is which? I cannot tell by looks alone
also fair next
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catboy0_0 posted...

which is which? I cannot tell by looks alone
also fair next

The one on the left with big nose is the homophobe.

The chubby one on the right is the victim

You can tell by the fact the one on the left looks like a lunatic and the one on the right looks like that guy who is always at pizza hut at 11:17 am
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I was trying to joke >_>
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catboy0_0 posted...

I was trying to joke >_>

Oh sorry

hard to tell on ce
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You wanna see REAL racism/whateverism? Go work at a prison. I was thinking about getting on out there at my local pen, and I'm SO glad that I decided against it. I work for a security outfit now and due to it's nature, a few of our guards have worked in prisons...

Just the stories they've told me. Like, everyone segregates themselves off. Hispanics with hispanics, blacks with blacks, whites with whites. It's like base fuckin' instinct behavior, and nothing else.

The guard that works here, who use to work at the prision I was going to go apply for, is a white dude. He told me that the only thing the colored inmantes hated more than a guard, was a white guard. A white guy with a badge. Said the same about the the white inmantes. They say shit like "I'm not gonna do anything a Nword tells me!" when talking about black guards. The guard told me that it's extemely difficult to not let racist ideas begin to take hold of you, because it's just so prevelant there. I also heard, from mulitple sources, that working at a prison changes your attitude at home. You can bring that authoritarian presence home with you, and turn into a real asshole.

This is a maximum secruity prison, so it has the real deal inmates in it. Murders, rapists... one of the inmates was a guy who killed a 12 year old girl, cut up her corpse, and had sex with it. He was completely unrepented about his crime, too, as during a group counciling session his biggest regret was "I didn't get to finish before the cops busted into the barn". Think about that for a minute.
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^sounds like a Ted Bundy sort of fella
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Dyinglegacy posted...

"I didn't get to finish before the cops busted into the barn"

What the fuck
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Dyinglegacy posted...

The guard that works here, who use to work at the prision I was going to go apply for, is a white dude. He told me that the only thing the colored inmantes hated more than a guard, was a white guard. A white guy with a badge. Said the same about the the white inmantes. They say shit like "I'm not gonna do anything a Nword tells me!" when talking about black guards. The guard told me that it's extemely difficult to not let racist ideas begin to take hold of you, because it's just so prevelant there. I also heard, from mulitple sources, that working at a prison changes your attitude at home. You can bring that authoritarian presence home with you, and turn into a real asshole.

This is a maximum secruity prison, so it has the real deal inmates in it. Murders, rapists... one of the inmates was a guy who killed a 12 year old girl, cut up her corpse, and had sex with it. He was completely unrepented about his crime, too, as during a group counciling session his biggest regret was "I didn't get to finish before the cops busted into the barn". Think about that for a minute.

All of this is well-known. Prison is a very racist place. Lots of white people get nazi tattoos in prison not because they're nazis but just because they need to belong to a group to stay alive.

And yeah, inmates in maximum security prisons are not nice people.

But still, no matter where you are in the world, there's little more important in a prison than security. Guards and staff must be protected from harm. Fights happen among inmates, but I don't think there's many prisons in the world who don't care about it. That's why there's administrative punishments. Protecting guards and staff takes priority but you also don't want inmates to get injures or killed either. You can't eliminate violence but you're not gonna put a blood and a crip in the same cell!

I mean I understand there's gay people who would do everything to stay out of general population and obviously you can't accommodate everything since like they say it's not a hotel and you got to put the gays somewhere. But you got to use common sense too... the guy said outright he was going to hurt his cellmate. He hates gays and the cellmate is gay. I mean it's not like this was unpredictable.
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Holy crap. EDIT: inmates, not inmantes lol
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Wherethisfeom posted...

UnfairRepresent posted...

Wherethisfeom posted...

Should've killed the psycho before it was too late

killed him before he did anything?

Not the officers. They wouldn't do shit. I meant the gay guy.

Killed him before he did anything?
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UnfairRepresent posted...

ImTheMacheteGuy posted...

UnfairRepresent posted...

_MorningStar posted...

UnfairRepresent posted...

Zikten posted...

reminds me of other times when prison staff let people die. like when they complain of pain and staff laugh at them. and then the inmate is found dead.

Ehhhhhhhhhhh

I can kinda sympathize. I bet they have to deal with that on a weekly if not daily basis and I bet 17/20 times it's utter bullshit from people fucking with them

I work in a prison.

no you don't

He probably does. He has a sig after all...

I don't believe him/her

unless he is like a social worker or something

I am a corrections officer for Core Civic. But you can "not believe" me if you want. I know you hope it draws in an argument.
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solosnake posted...

Cant believe they are only seeking 75k

This is inexcusable behavior by the prison staff. There should be a full investigation and a majority of the staff from top to bottom should be replaced.

It will never happen though

Yeah they should be suing them for way more than that. They will settle and give them 75k happily.
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closetkpopfan posted...

solosnake posted...

Cant believe they are only seeking 75k

This is inexcusable behavior by the prison staff. There should be a full investigation and a majority of the staff from top to bottom should be replaced.

It will never happen though

Yeah they should be suing them for way more than that. They will settle and give them 75k happily.

Either their lawyer sucks, they're so poor they think that's a lot, or both...
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_MorningStar posted...

UnfairRepresent posted...

ImTheMacheteGuy posted...

UnfairRepresent posted...

_MorningStar posted...

UnfairRepresent posted...

Zikten posted...

reminds me of other times when prison staff let people die. like when they complain of pain and staff laugh at them. and then the inmate is found dead.

Ehhhhhhhhhhh

I can kinda sympathize. I bet they have to deal with that on a weekly if not daily basis and I bet 17/20 times it's utter bullshit from people fucking with them

I work in a prison.

no you don't

He probably does. He has a sig after all...

I don't believe him/her

unless he is like a social worker or something

I am a corrections officer for Core Civic. But you can "not believe" me if you want. I know you hope it draws in an argument.

I don't
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Prison guards are there just to prevent you from escaping or enforcing punishment for various things.

What prisoners do to each other is no concern of theirs.
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