A Black man previously held on the Clark County Jail has filed a federal civil rights lawsuit in reference to a 2021 incident during which deputies pulled him throughout his cell by a tether.
O’Neal Payne’s attorneys filed the go well with Jan. 17 in U.S. District Court docket in Tacoma in opposition to Clark County, former Clark County Sheriff Chuck Atkins and several other corrections deputies, together with Robert Hanks. The criticism alleges extreme drive, negligence, failure to coach and failure to offer enough medical care.
A county spokeswoman on Thursday stated the county doesn’t touch upon pending litigation.
A sheriff’s workplace inside affairs evaluation of the incident discovered Hanks violated the company’s use-of-force coverage. Inner investigators exonerated the opposite deputies of any coverage violations, in keeping with data included with the criticism. Hanks had been positioned on go away through the investigation, however he returned to work on the jail in October 2022. The county wouldn’t affirm whether or not Hanks continues to be employed on the jail.
The Pierce County Sheriff’s Workplace performed a felony investigation of the incident at then-sheriff Atkins’ request. In March 2022, the Pierce County company despatched its investigation to native prosecutors for evaluation of a doable gross misdemeanor assault cost in opposition to Hanks. In September 2023, the Vancouver Metropolis Lawyer’s Workplace, which handles misdemeanor circumstances, finalized its resolution to not cost Hanks, saying there was inadequate proof within the case to fulfill the burden of proof.
Incident
Video launched by the sheriff’s workplace and the agency representing Payne confirmed Payne handcuffed whereas deputies entered his cell. At one level, Hanks may be seen pinning Payne in opposition to the mattress and in opposition to the wall earlier than three deputies tackled Payne to the ground. Then extra deputies entered with the tether, which they tied to his handcuffs, the video reveals.
The deputies then left the cell earlier than they, led by Hanks, pulled the rope by the door slot and dragged Payne throughout the ground. Deputies continued to tug till Payne’s arms have been by the door slot, practically to his armpits, the lawsuit states.
Payne suffered lacerations on his wrists and palms, friction burns, bruising, everlasting scarring on his wrists, and psychological and emotional stress. He was not provided medical remedy afterward, in keeping with the lawsuit.
In response to the concerned corrections deputies, utilizing the tether was a comparatively new tactic on the jail that got here with little coaching. Of their interviews with investigators, not one of the concerned corrections deputies recalled being formally educated on its use, data state.
The inner affairs investigation states the sheriff’s workplace had no formal lesson plan for coaching on using the tether. As a substitute, sergeants have been speculated to instruct deputies on how and when to make use of the tether, in keeping with the investigation.
“Regardless of any lack of training provided by the department, a reasonable person should assume that a person that is going to be pulled backwards across a room should be given some directions to avoid being injured,” the investigation states.
It decided the deputies’ resolution to make use of the tether was not inappropriate, however the best way they used it was.
“(Internal Affairs) has determined that Corrections Deputy Hanks used an excessive amount of force while pulling on the tether without being able to see the inmate,” the investigation states. “When (Payne’s) hands were pulled through the food flap, other corrections deputies were unable to uncuff (Payne) until tension on the tether was released. Hanks and the other deputies should have slowed down, applied tension to the tether and given (Payne) instructions.”