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  • OUCH! That Had To Hurt...

    Inmate wins $5,000 in jail-abuse lawsuit

    By Stacia Glenn, Staff Writer
    Article Created: 09/10/2008 09:00:16 PM PDT

    A man who claims sheriff's deputies ripped out his penis piercing and denied him medical treatment while he was incarcerated at a county jail won his lawsuit last week.
    A federal judge Friday awarded Anthony Alvarez $3,000 in compensatory damages and $2,000 in punitive damages for the April 8, 2004, incident.

    "There is no justification or excuse for the excessive force (the) defendants used against Alvarez in ripping out his penis piercing," Judge Andrew Guilford wrote in his finding.

    Despite the judge's ruling, San Bernardino County sheriff's Sgt. Dave Phelps of Public Affairs said there was no piercing, and that the deputies removed a bag of lotion tied to Alvarez's penis that was likely going to be used to smuggle contraband into the jail.

    Alvarez was being held at West Valley Detention Center in Rancho Cucamonga on suspicion of receiving stolen property. He was convicted of the charge and released after serving his sentence.

    Before Alvarez was taken to a court hearing, as per policy, now-retired Deputy Jeff Hewitt strip-searched the high-security inmate.

    That is about all the two sides agree upon.

    "This really was a he-said- she-said case," said attorney Shawn Kennedy, who represented Alvarez.

    Also listed in the lawsuit are now-retired Sgt. Robert Balderama; Deputy Angel Garcia, who resigned; and Deputy Jose Iniguez, who still works for the department. The suit was filed in U.S. District Court in Orange County.

    Part of the reason the judge ruled in Alvarez's favor is because sheriff's officials did not follow a court order to treat the inmate when he returned to West Valley after a hearing, according to the judge's ruling and officials familiar with the case.
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]


  • #2
    How the f*** is that a "he-said/she-said" issue? I'm pretty sure just by looking at his cock you could tell if a piercing was ripped out of it.

    $5000 is an insult to men everywhere. He should have received millions.

    Comment


    • #3
      Made my eyes water on this one, Sarge.
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      • #4
        Originally posted by Fëanor View Post
        How the f*** is that a "he-said/she-said" issue? I'm pretty sure just by looking at his cock you could tell if a piercing was ripped out of it.

        $5000 is an insult to men everywhere. He should have received millions.
        He should receive NOTHING. I have seen this too many times. The deputies told him to take whatever he had off (a peircing, a bag, whatever), and he became combative and refused. If you don't want to do what you are told, we will make you do it. If you don't like those terms...DON"T BE A CRIMINAL AND GO TO JAIL!!!

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        • #5
          Originally posted by sinned View Post
          He should receive NOTHING. I have seen this too many times. The deputies told him to take whatever he had off (a peircing, a bag, whatever), and he became combative and refused. If you don't want to do what you are told, we will make you do it. If you don't like those terms...DON"T BE A CRIMINAL AND GO TO JAIL!!!
          riiiigggghhhttttt.. you think that someone should have their penis RIPPED open for refusing? You don't think that this is excessive? No better way to handle the situation?

          Comment


          • #6
            I think he should get a bit more than $5000 too. Who knows if his ding-a-ling will work right now? Plus the sheriff's office willfully disobeyed a court order.

            At the same time, I don't feel too much sympathy for him. He got his thing pierced himself after all. I wonder how people who do that go through airport metal detectors.

            Comment


            • #7
              Originally posted by adamt35 View Post
              riiiigggghhhttttt.. you think that someone should have their penis RIPPED open for refusing? You don't think that this is excessive? No better way to handle the situation?
              Come back AFTER you have a few years of corrections experience.

              Comment


              • #8
                Originally posted by sinned View Post
                He should receive NOTHING. I have seen this too many times. The deputies told him to take whatever he had off (a peircing, a bag, whatever), and he became combative and refused. If you don't want to do what you are told, we will make you do it. If you don't like those terms...DON"T BE A CRIMINAL AND GO TO JAIL!!!
                I agree with sinned on this one. And I say this mostly joking but do we want him to reproduce anyway?
                What Is A Veteran?
                A 'Veteran,' whether active duty, discharged, retired, or reserve is 'someone who, at one point in his life, wrote a blank check made payable to 'The United States of America,' for an amount of 'up to and including his life.' That is honor, and there are way too many people in this country today who no longer understand that fact.

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                • #9
                  Of course I wasn't there, but the usual procedure if a person won't remove something from himself that is attached via a piercing is to place him under appropriate restraints, and then carefully remove the objects, and write everything up accordingly.

                  Comment


                  • #10
                    Originally posted by sinned View Post
                    Come back AFTER you have a few years of corrections experience.
                    Where have you worked? A f'ing concentration camp? This isnt a war! He isnt the enemy! He is a criminal that deserved to be charged and sentenced. NOT mutilated because some turnkey decided to carry out his own form of corporal punishment.

                    Maybe its a good thing an officer like you is not on the street.
                    The Red, Bold, Italic is my official sarcasm tag.



                    "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
                    George Carlin

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                    • #11
                      Originally posted by Monty Ealerman View Post
                      Of course I wasn't there, but the usual procedure if a person won't remove something from himself that is attached via a piercing is to place him under appropriate restraints, and then carefully remove the objects, and write everything up accordingly.
                      Thank you. I have never had a piercing but I'm pretty sure that the CO's could have easily removed it without tearing it out.

                      Sorry sinned but the judge directly disagreed with you, regardless of how uncooperative the inmate was:

                      ""There is no justification or excuse for the excessive force (the) defendants used against Alvarez in ripping out his penis piercing," Judge Andrew Guilford wrote in his finding."

                      Comment


                      • #12
                        The inmate claims a C/O ripped a piercing from his penis and then denied him medical attention. This means that since he did not receive medical attention there is no medical report to substantiate his claims. This is consistant with the C/O's claim that he only had some contraband tied to his penis. It is removed and no medical attention is required. The best way for the inmate to challenge the new charge of "Contraband in an institution" is to claim abuse. They do it all the time. They use the abuse allegation as a bartering tool to get the contraband charge thrown out. I may be just a "Turn key" but I deal with it every day.

                        Comment


                        • #13
                          1. Don't you all love how the non LEO's or CO's always seem to side with the criminals on here.
                          2. What actual proof (evidence) did the criminal produce prooving that he had a piercing in his penis and that it was ripped out.
                          3. I think this case, for the judge anyway, was more about the ignoring of the court order then the actual injury to the criminal.
                          4. STOP and think about it for a minute. I have been sued before, where I DID NOT violate the law, DID NOT violate policy, did my job correctly and the County still settled out of court with the knucklehead who sued for $15,000. Yet, this guy goes to court with what should be clear evidence and only gets a total of $5,000. $3,000 of that going to his attorney.
                          4. Would any of you actually pierce your johnson, I mean come on. I cringe when it get's near my zipper.
                          5. Finally, about the turnkey comment. Come on now play fair. You have just insulted the entire corrections profession. It's not like anyone said that if you put as much time in developing decent car's, then Toyota and Honda wouldn't be kicking your butt all over the place. Wait a minute. I just did.

                          Comment


                          • #14
                            This reminds me of an situation my wife found herself in a few years back. She was at a hospital that has a contract with the prison to provide medical care and was treating a post-op patient in his room. This guy has his chest stapled together after major heart surgery and his chained to the bed with a guard sitting in the room. My wife glanced away for a second and the guy managed to get her into a headlock. She reached down and gave a firm tug on the guy's Foley catheter and told him if he wanted to keep that he'd better let go, right now. The guy was bright enough to know he didn't want that little ballon on the other end of the tube yanked out the hard way and cooperated.

                            Comment


                            • #15
                              Originally posted by BC1260 View Post
                              1. Don't you all love how the non LEO's or CO's always seem to side with the criminals on here.
                              2. What actual proof (evidence) did the criminal produce prooving that he had a piercing in his penis and that it was ripped out.
                              3. I think this case, for the judge anyway, was more about the ignoring of the court order then the actual injury to the criminal.
                              4. STOP and think about it for a minute. I have been sued before, where I DID NOT violate the law, DID NOT violate policy, did my job correctly and the County still settled out of court with the knucklehead who sued for $15,000. Yet, this guy goes to court with what should be clear evidence and only gets a total of $5,000. $3,000 of that going to his attorney.
                              4. Would any of you actually pierce your johnson, I mean come on. I cringe when it get's near my zipper.
                              5. Finally, about the turnkey comment. Come on now play fair. You have just insulted the entire corrections profession. It's not like anyone said that if you put as much time in developing decent car's, then Toyota and Honda wouldn't be kicking your butt all over the place. Wait a minute. I just did.
                              Like you said they were court ordered to provide medical treatment after the lawsuit began. This treatment could have substantiated the correction officer's c laims that no malfeasance occured. They disobeyed a court order and continued to deny medical treatment/exams. That means they would probably lose all credibility in the eyes of that Judge, IMHO.

                              What kind of correction facility would refuse to obey a court order like 'provide medical treatment to inmate X'? This is not some pro or anti-law enforcement issue here.

                              Comment

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