Facts

On Sept. 5, 2004, plaintiff Jamal Johnson went to the Men's Central Jail to visit his cousin and give him the news that the inmate's mother had died two days earlier in an accident. Johnson was with five family members, all women, one of whom was in a wheelchair. They were waiting inside in the visiting lobby waiting when Deputy Cruz saw Johnson talking on his cell phone in direct violation of posted jail rules. Deputy Cruz asked Johnson to take his cell phone outside and place it in a locker. Johnson was also informed that he would re-enter the jail. Johnson complied with this request, and then attempted to re-enter the lobby/waiting area. Another deputy, Deputy Gage, who told Johnson that he could not re-enter because he had violated the rules by bringing a cell phone into the facility, stopped Johnson.

Johnson approached the Sergeant on duty, Cunningham, who was immediately outside the visiting lobby and explained what had happened and the purpose of the visit. Not aware of Deputy Cruz's order to Johnson, Sergeant Cunningham gave him permission to re-enter, and Johnson went inside and sat down with his family.

When Johnson went up to begin the visit, Deputy Cruz approached Johnson who explained that Sergeant Cunningham had given him permission to return and that he no longer had a cell phone. According to plaintiff's counsel, Deputy Cruz refused to confirm with Sergeant Cunningham and Cruz ordered Johnson outside. (According to defense counsel, Cruz wanted to confirm with Sergeant Cunningham and ordered Johnson outside).

According to plaintiff's counsel, Deputy Cruz put Johnson up against a wall searched him in full view of hundreds of people in the waiting room. Johnson asked, "Am I being arrested?" and Deputy Cruz immediately punched Johnson in the abdomen, taking him to the ground. Deputies Woodard, De Bella Gage and Sullivan then joined in, Gage immediately spraying Johnson directly in the face with pepper spray. At least eight deputies kick and punch Johnson for approximately five to seven minutes. He was choked and someone was pulling his testicles.

According to defense counsel, Johnson struck Cruz and a scuffle ensued outside and it took several deputies to subdue Johnson. Deputies ultimately had to use pepper spray to subdue Johnson.

No permanent injuries were sustained.

According to plaintiff's counsel, witnesses to the event stated that deputies did not ask for witness statements or collect names or any other information. According to defense counsel, deputies obtained witness statements from the spectators. Johnson was arrested for assault on three police officers. He was in custody for eight days with a $50,000 bail and paid $5,000 for release. The District Attorney's office declined to prosecute.

Result

The parties settled for $150,000.