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County jail officials in Southern Indiana accused of abusing inmates

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A class-action lawsuit filed on behalf of former inmates accuses officials at the Floyd County jail of forcibly stripping the inmates of their clothing and keeping them naked in a padded cell for prolonged periods of time in violation of their constitutional rights.

The complaint, Gentry et al. v. Floyd County, Indiana, et al., 4:14-cv-00054, was filed June 12 in the U.S. District Court for the Southern District of Indiana by Louisville attorney Laura Landenwich of Clay Daniel Walton & Adams PLC.

In the lawsuit, the plaintiffs allege the defendants forcibly removed their clothing without any suspicion or probable cause of any threat and security risk. The plaintiffs charge the defendants regularly exposed the detainees’ naked bodies to officers of the opposite sex and subjected their bodies to harmful and extremely offensive touching.

The plaintiffs described the defendants’ conduct as torture.

“Defendants’ treatment of Plaintiffs and other class members is intolerable in a civilized society, and presents a marked departure from the standard to which the Western world adheres for the treatment of prisoners of war during wartime, let alone the standards of acceptable treatment for American citizens on American soil,” the lawsuit states.

Tabitha Gentry and the three other named plaintiffs were all arrested separately between February 2013 and May 2014 on various misdemeanor charges such as public intoxication and disorderly conduct. After being arrested and taken to the county jail, each allege they had their shoes, pants, shirt, and underwear removed by the Floyd County Sheriff’s deputies and were given only a small blanket, called a “smock,” with which to cover themselves. Also, they were not allowed to use the restroom facilities, having instead to use a drain in the floor as a toilet.

The lawsuit accuses the jail employees of dispensing pepper spray into Gentry’s cell then forcing her to walk naked to and from a washing station in front of male officers and male inmates. The suit also alleges that a Taser was used on plaintiff Vincent Minton’s buttocks, and plaintiff Adam Walker was subjected to Taser use seven times and choked until he lost consciousness.

Plaintiffs assert that through the “intentional and grossly negligent conduct” of the defendants, they were deprived of their rights guaranteed by the Fourth, Fifth, Eighth, Ninth and 14th Amendments to the U.S. Constitution.

In addition, the plaintiffs allege they have suffered “physical harm, emotional distress, embarrassment, humiliation and mental anguish” as a result of the defendants not providing the proper training regarding unlawful searches, the reasonable use of force and the rights of detainees.

The lawsuit concludes that the plaintiffs and members of the class are entitled to both actual damages and punitive damages.

Moreover, the plaintiffs and the class requested the U.S. District Court to issue a declaratory judgment deeming unconstitutional all written policies and unwritten practices that subject detainees to these “humiliating and/or torturous practices” and to permanently enjoin the defendants from following or enforcing such policies and procedures.

 

 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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