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O’Neal Payne, who was previously incarcerated on the Clark County Jail in Washington State, has filed a lawsuit in opposition to the power and a number of other of its officers, accusing them of utilizing extreme drive and subjecting him to merciless remedy throughout his detention in August 2021, in response to OPB.
Within the lawsuit, filed Jan. 17, Payne alleged that throughout a routine cell search supposed to examine for contraband and take away the trash, deputies allegedly threw him right into a wall, certain his wrists with a rope, and dragged him throughout the ground of the jail. The swimsuit claims Payne’s constitutional rights have been violated, particularly his proper to be free from extreme drive and to obtain correct medical care beneath the 14th Modification following the Aug. 13, 2021 incident. His attorneys are in search of unspecified damages, lawyer charges, and a jury trial.
Video proof supplied by Payne’s authorized staff reveals him handcuffed in his cell, going through a deputy when he’s shoved right into a wall. The footage then reveals two extra deputies taking him to the bottom. A purple tether is connected to Payne’s handcuffs, and the video captures him being yanked backward with such drive that his foot is lifted over his head.
“’The video contained in the cell, on the similar time, reveals Inmate (redacted) making an attempt to face up, however solely making it to his knees earlier than he’s yanked backward with sufficient drive that his foot flew up over his head,’” reads an outline from an inner affairs report of the incident from the Clark County Sheriff’s Workplace,” OPB famous.
In accordance with KGW8, the lawsuit filed by Payne alleges that the actions of Clark County Jail deputies induced him vital bodily and emotional hurt throughout his time in custody. The authorized paperwork describe an incident through which Deputy Robert Hanks forcibly shoved Payne right into a bunk after which pushed him face-first right into a cell wall. The swimsuit claims that, after this, Payne was dragged throughout the ground by a rope connected to his handcuffs, regardless of not resisting, resulting in accidents together with lacerations and bruising. Video from exterior the cell reveals deputies utilizing the tether to tug Payne’s arms by way of the meals port within the door, forcing them up previous his elbows.
An inner affairs investigation, accomplished Could 3, 2022, examined the conduct of the deputies concerned. Whereas the investigation cleared Hanks of legal wrongdoing, it did discover that his use of drive was extreme and violated jail coverage. Investigators concluded that Hanks failed to make sure Payne’s security when he was dragged by the rope. The opposite deputies concerned have been cleared of each legal prices and coverage violations.
Notably, the lawsuit claims that Payne was denied medical consideration following the incident, regardless of the seen accidents he sustained. Moreover, it argues that Clark County’s failure to implement correct coaching and insurance policies relating to the usage of ropes or tethers contributed to the extreme drive used within the incident.
“Our consumer suffered not solely bodily hurt but additionally emotional trauma as a result of actions of those that have been supposed to make sure his security and well-being,” Jordan Taylor, counsel for the plaintiff with Racial Justice and Police Misconduct Clinic (RJPMC), mentioned, in response to KGW 8.
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