Saturday, December 29, 2007

News - Lawsuit filed over use of jail restraint chair - sacbee.com

News - Lawsuit filed over use of jail restraint chair - sacbee.comThe events of Nov. 18, 2006, a Saturday night, began with a stereotypical college scene: a raucous party attended largely by Sacramento State athletes in a residential area near the campus. Deputies responded to a noise complaint early Sunday.

Deputy Athey twice warned Jackson to leave or he was going to jail, according to the suit. Jackson, who was on his cellular phone, told Athey he was arranging a ride home, "and that he would absolutely be leaving because he did not want to go to jail," the suit relates.

The deputy told Jackson to get off the phone, and yelled, "You are going to jail," it says.

Jackson panicked and ran, but after a short distance he stopped as Athey and another deputy pulled up in their patrol car.

"They approached the stationary Jackson, forced him to the ground, twisted his arms, ripped the cell phone from his hands and continued to twist Jackson's arms even as Jackson screamed out in pain that he was not resisting," the suit claims.

The deputies pepper-sprayed Jackson in the eyes and mouth, and when he tried to spit out the burning substance the deputies put a spit mask over his head and handcuffed and arrested him, the suit says.

Jackson was escorted by "five or six deputies" to a cell, the suit says. His handcuffs were removed and he was searched and was "cooperative, complying with the deputies' requests."

But, the suit says, Jackson was thrown to the floor and the deputies jumped on him. "One officer smashed Jackson's face into the floor with his knee while another continued to beat Jackson's face with his fists while also using a baton to hold Jackson's head in place," the suit alleges. "Jackson felt blood pouring from his face and curled up in a fetal position to protect himself.

"Jackson heard another officer comment on the blood flowing from his head wound and then the beating stopped." It was then, the suit says, that the deputies put him in the chair.

The chair has a metal frame and a hard plastic seat. Straps across the chest immobilize arms and constrict breathing. Shackles and manacles are used to restrain hands and feet.

"In addition, a hood is frequently placed over a victim's head, creating the subjective apprehension of imminent suffocation akin to water boarding," the suit states. The hood is called a "spit mask," and protects deputies from saliva if the prisoner starts spitting.

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