An Atlantic City man who says he was beaten inside a state prison two years ago in retaliation for filing a grievance is now suing.
Dontae Hathaway, now 33, was serving a drug and weapons sentence at Bayside State Prison in April 2017, when he alleged Officer Alex Rodriguez was harassing him and that he was worried it would escalate in to an assault if he was kept at Bayside.
Four days later, Hathaway’s fears allegedly came true when Rodriguez pepper sprayed him and punched him in the face, according to the lawsuit filed last week.
When Hathaway retreated, Rodriguez called a code and other officers responded, “repeatedly punching, kicking and kneeing (Hathaway), and pulling out clumps of hair from his Islamic beard … while yelling racial and xenophobic slurs,” the suit claims.
Charges were filed against Hathaway as a result, and he was given a year of administrative segregation.
The alleged attack and punishment of Hathaway is consistent with “a pattern at Bayside State Prison where corrections staff assault prisoners in a blind spot outside of camera range … then report that the prisoner assaulted them” resulting in a disciplinary hearing where “prisoners are rarely, if ever, found not guilty,” the suit states.
Shortly after the alleged attack, Hathaway was transferred to Southern State Prison, which is next door to Bayside in Cumberland County.
He wasn't there long. On May 22, 2017, he was transferred to South Woods State Prison in Bridgeton. He has been Northern State Prison in Newark since Oct. 5, 2017.
Hathaway's case gained attention at the time when Hathaway’s mother took to Facebook to tell people that she had been denied access to her son after getting a call from the relative of another inmate telling her that her son had been beaten.
“There are just so many different stories that were going on,” Nadine Hathaway told BreakingAC at the time.
The suit filed by attorney David Jarashow names Rodriguez and others, along with the Department of Corrections and possible "John Does" to be named later. It alleges civil rights violations, intentional infliction of emotional distress, and assault and battery. He is demanding a jury trial.
Hathaway is now at Northern State Prison in Newark, where he is still serving his 10-year sentence for maintaining/operating a drug production facility, according to DOC records. He is eligible for parole Nov. 29.
