Case details

Student left in cell for five days claimed DEA forgot about him

SUMMARY

$4100000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
During the early morning hours of April 21, 2012, claimant Daniel Chong, 23, an engineering student at the University of California, San Diego, and eight others were transported to a U.S. Drug Enforcement Administration field office in the Kearny Mesa neighborhood after Chong’s friend’s apartment in the University City neighborhood of San Diego was raided. Prior to the raid, Chong went to his friend’s apartment to celebrate a counterculture holiday in North America referred to as 4/20, which takes place on April 20 each year, when people gather to celebrate and consume cannabis. Subsequently, the DEA raided the apartment early the next day and seized marijuana, hallucinogenic mushrooms and 18,000 ecstasy pills, along with guns and ammunition. As a result, Chong and eight others were transported to the DEA field office, where they were interrogated. One detainee was released, while seven others were taken to the county jail. Chong claimed he was told that he had been in the wrong place at the wrong time and that he would be released and even given a ride home. However, Chong was then placed in a windowless 5×10 holding cell with his wrists bound in handcuffs. Chong was left in the cell for five days, despite his repeated cries for help. On the afternoon of Wednesday, April 25, a DEA agent opened the steel door to Chong’s cell and found him hallucinating and completely incoherent. Chong was never charged with any crime. Chong filed a claimed against the United States and the DEA under the Federal Tort Claims Act. He claimed that he could hear people walking around outside his holding cell, but could not get their attention. He alleged that, at one point during the ordeal, the lights went off for a few days. Chong, while detained, was starving and hallucinating. He claimed he had to drink his own urine for hydration and ingested some methamphetamine that he found inside a blanket in the cell in order to keep himself awake. He also claimed he attempted suicide by breaking one of the lenses in his eyeglasses, slitting his wrists with the shards and swallowing them. Thus, the claimant’s counsel contended that the DEA unreasonably seized Chong in violation of Bivens v. Six Unknown Federal Narcotics Agents 403 U.S. 388 (1971), and that the DEA was negligent in the use of cells to hold detainees when there is no access to water, a toilet, or any mechanism to monitor the health and safety of the detainees. The DEA admitted that they made a mistake and apologized to Chong., Chong was starving and hallucinating when he was found. He also claimed he attempted suicide while trapped in the holding cell by breaking one of the lenses in his eyeglasses, slitting his wrists with the shards and swallowing them. Chong was subsequently taken to Sharp Memorial Hospital in Serra Mesa, where he remained for five days, including three days in the Intensive Care Unit. He was treated for various problems, including dehydration, near-failure of his kidneys, and a perforated lung from eating broken glass. Chong has since returned to U.C. San Diego and changed his major to economics.
COURT
Matter not filed, CA

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