Case details

Defense denied excessive force was used against inmate

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
feet, groin, hands, pepper-spray burns, right eye
FACTS
On June 20, 2009, plaintiff Javon Torbert, 35, a detainee at San Diego Central Jail, was in a prison cell when San Diego County Sheriffs shot pepper-spray balls at him through a small opening in his cell and shocked him with Tasers. He claimed he sustained to his right eye, groin, and both hands and feet. Torbert sued Deputy Sheriff Karl Kamoss; San Diego County Sheriffs James Madsen, Robby Storton, Mateo Black, Ethan Midecke, and Max Ogsbert; and the police officers’ employer, the county of San Diego. He also sued the medical doctors, nurses, and registered nurses at the San Diego County Jail; the Sheriff Corporal of San Diego County; the medical department for the San Diego County Jail; the Citizen’s Law Enforcement Review Board; and Dr. Keays. Torbert alleged that the defendants’ actions constituted a violation of his civil rights pursuant to 42 U.S.C. § 1983. Torbert claimed that excessive force was used against him as a detainee in the San Diego Central Jail. He alleged that he was shot with pepper-spray balls, which struck his prosthetic, right eye. He also alleged that after he fell to the floor, the sheriffs shocked him with Tasers in the groin area. Torbert claimed that shortly thereafter, he was taken to an area outside of his cell and slammed to the floor, where he was handcuffed. He also claimed that the sheriffs tightened the handcuffs too tight so that they cut off the circulation to his hands and feet. Torbert alleged that after he received medical attention, the medical staff at the jail injured his eye when they negligently and carelessly removed his bandages. Thus, Torbert claimed that he was a victim of cruel and unusual punishment as a result of being shot with pepper-spray balls, shocked with Tasers, and undergoing negligent medical care. During trial, Torbert dismissed all of his claims for relief except the claims of excessive force. As a result, several of the defendants were dismissed from the case and the trial continued against only Deputy Sheriff Kamoss; San Diego County Sheriffs Madsen, Storton, Black, Midecke, and Ogsbert; and their employer, the county of San Diego. Defense counsel denied all of Torbert’s allegations, arguing that the use of force was necessary and appropriate under the law. Counsel contended that the deputies informed Torbert that he needed to submit to handcuffing after it was determined that he was hoarding medication and that the force employed was necessary to extract Torbert from his cell after he refused to submit to handcuffing or comply with the deputies’ verbal instructions. Thus, defense counsel argued that only necessary force was used under the circumstances to subdue a non-compliant Torbert., Torbert claimed that he was injured as a result of the pepper-spray ball striking him in his right, prosthetic eye. As a result, he underwent eye surgery on Aug. 14, 2009. He also claimed he suffered pepper-spray burns, and various abrasions and contusions to his groin, hands and feet. Thus, Torbert sought recovery of compensatory and punitive damages. Defense counsel argued that Torbert’s surgery was not related to the alleged pepper-spray ball strike to his prosthetic eye, but was due to an underlying pre-existing eye condition.
COURT
United States District Court, Southern District, San Diego, CA

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