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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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