Case Number: 2019-009674

In Federal

Client sues multiple defendants for events that took place while he was incarcerated at the CCDC. During the arrest, one of the officers told plaintiff to “take his hands out of his pockets.” When plaintiff complied, the officers pushed and tackled plaintiff to the ground and beat plaintiff’s face and upper body with their fists and metal batons. The officers tasered plaintiff and put him in a choke hold until he was unconscious. When plaintiff “came to,” the officers were still punching plaintiff and yelling “quit resisting.” During this time, officers yanked plaintiff’s right arm from its socket and dislocated plaintiff’s arm. The officers also fractured plaintiff’s shoulder bone. Plaintiff suffered a contusion and had cuts from head to toe. The officers had to take plaintiff to Spring Valley Hospital for shoulder relocation and x-rays because plaintiff’s face was black, blue, and green. At the hospital, the officers handcuffed plaintiff behind his back and in a four-point restraint causing “intense pain and suffering.” The officers took plaintiff to the hospital while handcuffing plaintiff in a manner that caused intense pain—level 9 pain out of 10—for hours while they mocked and laughed at plaintiff. The officers kept plaintiff handcuffed at each limb to opposite corners of the bed for hours. Plaintiff was not permitted to lie down, use the bathroom, get water, and was unable to feed himself because both arms were immobilized. The court interprets plaintiff as a pretrial detainee at the time of these events and analyzes plaintiff’s claims under the Fourteenth Amendment Due Process Clause. Plaintiff’s pain continues to this day and he has lost range of motion.

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