Lawsuit alleges police brutality

Published 4:00 am Monday, November 12, 2012

A Prineville man has filed a multimillion-dollar federal lawsuit against local law enforcement, alleging that over a several month period in custody at the Jefferson County jail, he was repeatedly assaulted and abused by law enforcement officials.

Curtis Hooper, 34, alleges violations of the Americans with Disabilities Act, as well as civil rights violations and intentional infliction of emotional distress. He names as defendants Jefferson and Crook counties, as well as the city of Prineville and 15 individuals from various law enforcement agencies. The lawsuit also names 10 John Does.

According to the lawsuit filed in Pendleton, Hooper “has a long and colorful history of minor criminal infractions,” and also suffered from a variety of mental and medical conditions that required mental health treatment and medication. Court records show Hooper has been arrested dozens of times and convicted of crimes ranging from attempted first-degree sexual abuse and possession of marijuana to criminal mischief and menacing.

Prineville’s city attorney, Carl Dutli, did not return a call for comment, and Crook County counsel was unavailable for comment. Jefferson County Sheriff Jim Adkins said he could not comment due to pending litigation.

After violating his probation in October 2010, Hooper was sent to the Jefferson County jail. In December 2010, he was transferred from the general population because he was acting out, “because the deputies purposely put him in a cell which was uninhabitable,” with used bandages and moldy towels inside, according to the lawsuit.

He was taken by deputies to a segregated cell, which was monitored by video, and stripped, chained to a grate in the floor and injected with unknown medication, the lawsuit states. Hooper was left in that cell for days, naked, and he was charged with assaulting one of the deputies in the incident.

According to the lawsuit, Hooper was routinely denied showers, assaulted and restrained, and sheriff’s deputies wrote false reports about him.

His legal mail was monitored, and his grievance letters and request for mental health care were ignored, his attorneys allege.

Several of the incidents included in the lawsuit were videotaped.

“Video doesn’t lie,” said Andrew Mathers, one of Hooper’s attorneys. Mathers provided The Bulletin with four videos he received from law enforcement that show incidents mentioned in the lawsuit.

On Feb. 14, 2011, the lawsuit alleges, deputies assaulted Hooper, taunting him and then banging his head on the ground before forcibly sedating him. Video obtained by The Bulletin shows officers handcuffing Hooper, moving him around with some force, and at one point holding him by the hair and pushing his head into the ground. The video then shows deputies cleaning out his cell and removing Hooper from it.

Court records show that one of the deputies who allegedly assaulted Hooper pleaded guilty to another assault against Hooper in May 2011. According to the lawsuit, that deputy, Rob Robbins, was subsequently fired.

Hooper was released from jail, and in May 2011, Prineville police responded to a report that he may have tried to commit suicide by overdosing on pills. Prineville police officers, according to the lawsuit, Tasered him seven times and arrested him for resisting arrest. He was then taken to Pioneer Memorial Hospital, where he was placed in restraints on a hospital bed.

Video of the incident at the hospital, obtained by The Bulletin, shows an officer bending Hooper’s fingers backward. Hooper cries out several times in the video, while wearing a anti-spit mask and no shoes.

“These actions can be seen in the camera and the officers appear to be enjoying themselves by smiling and forcing the fingers and toes further and further,” the lawsuit states.

The next day, the lawsuit alleges, Hooper was taken to the Jefferson County jail again, and this time Robbins, who eventually was convicted of this assault on Hooper, slammed a steel door shut on his hand.

Mathers said when Hooper’s fingers were slammed in the door, jail officials wrapped them with tape and did not take him to the hospital until three weeks later. Pictures provided to The Bulletin show Hooper’s hand swollen and black and blue.

“When they jarred the door open, he passed out,” he said.

Hospital X-rays taken June 3, 2011, show two of the man’s fingers were crushed, the lawsuit states.

According to the lawsuit, as a result of the abuse Hooper “has repeated nightmares, cannot focus his thoughts, has been unable to hold his job, cannot concentrate, has repeated pain from the various beatings and his mental health has deteriorated.”

Hooper rarely leaves his apartment and “cannot function when he sees police cars,” fearful he’ll be arrested again.

Mathers said he heard of the assaults from Hooper’s criminal attorney, Valerie Wright. According to Mathers, when she requested discovery for his criminal cases, law enforcement turned over some of the videos.

And he noted that Hooper’s mental health issues were clear. The lawsuit says he was taken to a local hospital for evaluation in May 2011, and doctors there suggested he be transferred to a mental health facility.

“He shouldn’t have been in jail in the first place,” Mathers said. “He was kept in jail and tortured.”

Mathers said he grew up in a law enforcement family.

“I’m not a real compassionate guy,” he said. “I’m pro-law enforcement. But when I saw this video, I felt so bad for Curtis. And I was very shocked.”

Mathers’ co-counsel, Michelle Burrows, said the total amount of money her client seeks is not yet clear. The lawsuit asks for $2.3 million from Jefferson County, as well as $1 million each from Prineville and Crook County, plus $1 million from each defendant for the intentional infliction of emotional distress.

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