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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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