Handicapped prisoner tortured

On June 8, 2005, my cellmate, out of frustration of being denied yard, law library, showers, transfer, etc., busted out the windows in the cell we occupied together. This was done with his bare hands.

On June 9 staff came and told us both to cuff up and exit the cell. At this time an argument began between my cellmate and the officers. During this argument I remained on my bunk. Corrections Officer (CO) Thomison called a cell soldier, while encouraging my cell mate not to cuff up so that he could forcibly enter the cell. CO Thomison told my cellmate that he was going to see how tough he was when they came inside the cell to get him. This enraged and manipulated my cellmate who is a mental health patient.

Not wanting to further incite my cellmate, and possibly cause him to become violent with me within the cell, I remained quiet. I recently had a stroke and was in a coma for several days. This has left me partially immobile and unable to defend myself if attacked.

As the cell extraction team approached the cell, I continued to stay on my bunk, as they utilized OC spray, the effects forced my cellmate to cuff up as ordered. I was then ordered to strip out. However my limited mobility made this extremely difficult and painful. The extraction team staff were aware of my injury, and disregarded this, and made me stripped out. I was then ordered to turn around to cuff up, I attempted to follow this order but due to my injury, I couldn't.

Lt. Biaginni then ordered my cellmate to lay on the bunk, the door was opened and staff placed restraints on my wrist and legs. I was then lifted off the ground, and told to walk. However, I am unable to walk without the assistance of the medically assigned walker. And even with this walker, I can not walk at a normal pace, the pain is too severe. Staff disregarded this and began to drag me towards the shower, while lifting my injured arm up towards the back of my head, causing me to suffer extreme pain. I tried to inform these officers that I was in pain but they disregarded my complaints and continued to drag me in this manner.

I was taken to the shower where staff slammed me to the floor and placed their knee in my back. I began to scream out in pain. At this time other inmates began to scream out for the officers to stop assaulting me, and for the camera to be placed on the officers who were assaulting me. These COs then lifted me up, and began to carry me out of the building and away from the other inmates view. After several inmates began screaming at the officers that I could not walk, I was laid on the floor, and staff went to retrieve a wheel chair to use to escort me out of the building.During this entire incident I was feeling the effects of the OC spray and coughing.

I was seen by the MTA, concerning the effects of the OC spray, I informed this medical staff that my legs and arms were numb and continued to hurt and jump on their own. I was given no treatment nor were my injuries examined. This medical staff informed staff that I was clear to be returned to my cell.

Several hours later a CO and a Sergeant came and informed me that I would be placed back into the cell with my cellmate. At this time I informed both officers that I did not want to return to the cell, and that I wasn't the one who wanted to get cell extracted. These officers informed me that I had no choice, and that I would be placed back in the cell.

I again informed these officers that I would not go back to the cell. I was then pushed back to the cell, and placed inside with the same cellmate against my will. The staff kept my walked, and instructed me to get up. I informed then that I couldn't. These officers then left the plastic shower ADDA wheelchair in the cell with me.

On June 10 a Sergeant came to my cell and told me to give up the wheelchair. I informed him that I could not get around in the cell to use the restroom without. He told me that was not his problem and for me to give up the chair or that he would cell extract me again, and come in and take it. At this time I tried to inform him that I had had a stroke and could not walk without assistance. He then walked away from the cell telling other staff to prepare to extract me.

I then asked a CO to see the mental health staff and medical staff, and I was taken to see the nurse. I was then brought back to the same cell, where I told the officers and Lt. Bennett that me and my cell mate were not compatible. Lt. Bennett told me that I was going in the cell. Staff then cuffed my cellmate up and took him to the shower. I was then rolled into the cell, and tipped over and caused to fall on the floor. Several officers came in the cell and jumped on me. I was socked in the body area and told to stop resisting. During this entire incident I was cuffed, and could not resist due to my injuries.

These officers then took the hand restraints off, but continued to hold me down. Staff began asking each other if they were ready. I was then let go, and OC sprayed by several officers for no reason. These officers continued to spray me while I was on the floor, as they backed out of the cell ordered the door to be closed. I was left on the floor, soaked in OC spray for 10-15 minutes. I could not breath nor get up to wash the spray off. I began calling for help. A CO came to my cell and told me to get up and decontaminate. At this time other inmates began to scream that I could not walk, and for them to get me out of the cell, some time after I was taken out of the cell.

It is my position that these officers used unnecessary and extremely excessive force and chemical spray on me when it was not called for. I did not resist these officers in anyway, other than telling them that me and my cell mate were not compatible. It is my position that these staff were also deliberately indifferent to my medical needs, and to my personal safety. This was done maliciously and to cause me harm.

I request that the Internal Affairs be summoned to conduct an investigation into this matter, during which the video tape is reviewed and my medical file is reviewed. I also request that ad-seg staff be instructed to place disability signs on cell doors and that special training be required to instruct staff on how to handle ADA prisoners in these type of situations.

- a prisoner in California (Soledad), July 2005