Facts

(Disputed) As a pretrial detainee in the Sacramento Jail, plaintiff Don Antoine was placed into a safety cell. After two hours, he began kicking and hitting the door. Plaintiff's counsel contended plaintiff was banging on the door to request medical attention. According to defense attorney, plaintiff never sought medical attention.

The defendants warned him to stop banging and, one to five minutes later, the defendants entered the cell and cuffed, shackled and attached the plaintiff to a grate in the floor. He remained restrained for about 52 minutes and was then left in the cell for an additional eight hours without receiving medical care, food and water. During that 8 hour period, plaintiff did not ask for medical care, water or food because he was incapacitated due to his injuries. Nevertheless, plaintiff contended there were jail policies and rules requiring that these items be provided notwithstanding a request. Upon release from the cell, he was seen by a doctor who noted injuries, prescribed pain medication and ordered x-rays to rule out rib fractures.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that upon being restrained, he was choked and beaten by defendants and not provided medical care when asked. He suffered bruised ribs and a fractured larynx as a result of the beating.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff was injured before arriving at the jail from an auto accident and in the course of fighting and struggling while being restrained by firefighters and police. While the defendants did chain him to the floor grate, they did not use excessive force in doing so and they did this to protect him from hurting himself from banging and kicking the cell door.

Injuries

The plaintiff suffered fractured larynx, bruising on chest and wrists.

Result

Verdict for plaintiff for $170,000 ($20,000 in nominal damages; $50,000 in punitive damages for Darren Griem; $25,000 each for the four other defendants).

Other Information

A motion for new trial and/or appeal is currently being prepared.