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O’Neal Payne, who was formerly incarcerated at the Clark County Jail in Washington State, has filed a lawsuit against the facility and several of its officers, accusing them of using excessive force and subjecting him to cruel treatment during his detention in August 2021, according to OPB.
In the lawsuit, filed Jan. 17, Payne alleged that during a routine cell search intended to check for contraband and remove the trash, deputies allegedly threw him into a wall, bound his wrists with a rope, and dragged him across the floor of the jail. The suit claims Payne’s constitutional rights were violated, specifically his right to be free from excessive force and to receive proper medical care under the 14th Amendment following the Aug. 13, 2021 incident. His attorneys are seeking unspecified damages, attorney fees, and a jury trial.
Video evidence provided by Payne’s legal team shows him handcuffed in his cell, facing a deputy when he is shoved into a wall. The footage then shows two additional deputies taking him to the ground. A red tether is attached to Payne’s handcuffs, and the video captures him being yanked backward with such force that his foot is lifted over his head.
“’The video inside the cell, at the same time, shows Inmate (redacted) attempting to stand up, but only making it to his knees before he is yanked backward with enough force that his foot flew up over his head,’” reads a description from an internal affairs report of the incident from the Clark County Sheriff’s Office,” OPB noted.
According to KGW8, the lawsuit filed by Payne alleges that the actions of Clark County Jail deputies caused him significant physical and emotional harm during his time in custody. The legal documents describe an incident in which Deputy Robert Hanks forcibly shoved Payne into a bunk and then pushed him face-first into a cell wall. The suit claims that, after this, Payne was dragged across the floor by a rope attached to his handcuffs, despite not resisting, leading to injuries including lacerations and bruising. Video from outside the cell shows deputies using the tether to pull Payne’s arms through the food port in the door, forcing them up past his elbows.
An internal affairs investigation, completed May 3, 2022, examined the conduct of the deputies involved. While the investigation cleared Hanks of criminal wrongdoing, it did find that his use of force was excessive and violated jail policy. Investigators concluded that Hanks failed to ensure Payne’s safety when he was dragged by the rope. The other deputies involved were cleared of both criminal charges and policy violations.
Notably, the lawsuit claims that Payne was denied medical attention following the incident, despite the visible injuries he sustained. Additionally, it argues that Clark County’s failure to implement proper training and policies regarding the use of ropes or tethers contributed to the excessive force used in the incident.
“Our client suffered not only physical harm but also emotional trauma due to the actions of those who were supposed to ensure his safety and well-being,” Jordan Taylor, counsel for the plaintiff with Racial Justice and Police Misconduct Clinic (RJPMC), said, according to KGW 8.
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