Lawsuit says SRT Race Soldier Cops at Cuyahoga Jail Punched Black Man in the Face as He pulled His Pants Up, Pepper Sprayed His Mouth & Locked Him to a Restraint Chair in Isolation

From [HERE] A Black man sued Cuyahoga County, accusing two jail guards of using excessive force on him for no reason after he was booked in May 2018.

De’Von Bean, 30, said in a lawsuit that corrections officer Brandon Smith punched Bean and that officer Marvin Miller sprayed pepper spray into Miller’s mouth and face, even though Bean did nothing to provoke them.

The lawsuit also says medical staff did not properly treat Bean’s injuries for more than two days, even though he was in severe pain.

The lawsuit is the latest the county has faced in recent months, following the release of a U.S. Marshals Service report in November that detailed “inhumane” jail conditions. The report was written after seven inmates died over a period of several months, and an eighth inmate died in late December.

The marshals said the jail’s Special Response Team — nicknamed “The Men in Black” because of the paramilitary gear its members wear — threatened, harassed and intimidated inmates and used excessive force while forcing them out of their cells. Both Smith and Miller are members of the team.

Smith was disciplined earlier this year on accusations he shoved a different inmate and called him a “snitch.”

The report described team officers threatening and intimidating inmates as they escorted them to be interviewed by the marshals and said inmates were bullied in full view of marshals investigators. That behavior prompted the marshals to request that 10 inmates be released from jail “for fear of SRT members retaliation, and the legitimate fear of detainee/inmate safety,” the report states.

The suit also comes as criminal inquiries regarding the jail continue. Several guards have been indicted as a result of the probe.

Neither Smith nor Miller have been criminally charged in any case.

Bean’s lawsuit, filed in federal court in Cleveland by attorneys Sara Gedeon and David Malik, says he was assaulted at about 7 p.m. on May 6, 2018, the day he was arrested in Euclid on charges of improper handling of firearms in a motor vehicle, intoxicated disorderly conduct and playing loud music. He later pleaded guilty to an amended charge of persistent disorderly conduct.

While Bean was booked, Smith and Miller “aggressively approached” him and stared him down, the lawsuit states. Bean, who complied with all orders, expressed to concern to other jail staff that he felt Smith and Miller were going to do something to him, according to the suit.

The suit also comes as criminal inquiries regarding the jail continue. Several guards have been indicted as a result of the probe.

Neither Smith nor Miller have been criminally charged in any case.

After booking, Smith and Miller escorted Bean to trade his street clothes to jail garb. He joked that both corrections officers took their jobs too seriously. He was not aggressive with either officer but while he pulled up his pants, “defendant Smith’s fist gratuitously came crashing into Plaintiff’s right jaw,” the suit states.

The punch knocked Bean out. When he woke up, he said “what the f--k?” and Miller then sprayed pepper spray into Bean’s mouth and face, according to the lawsuit.

The pair then put Bean, who had a broken jaw and bloody mouth, in a restraint chair and completed paperwork to have him put in disciplinary isolation, the lawsuit says.

“At all times herein, Defendants Smith and Miller … attacked and severely injured Mr. Bean simply because they became annoyed with him,” the lawsuit states, adding that the officers used excessive force as a punishment.

Smith, when filling out reports, did not accurately document the events involving Bean, the lawsuit says. Miller, meanwhile, didn’t write any report about the force, the suit states.

Both of their actions were against jail policy, yet there was no indication that either the county or then-jail director Ken Mills investigated the incident, according to the suit.

After being placed in the restraint chair, Bean was taken to the dispensary, the suit says. Nurse Catherine Clark ”completely disregarded” Bean’s injuries and wrote in her notes that there was “no bleeding, or break in skin, or other obvious injury noted,” according to the suit. Bean was sent back to his cell.

Even though his condition worsened, he was not prescribed Percocet until after a May 8 visit to MetroHealth confirmed Bean had a broken jaw, the suit states. He did not actually receive his medication until early May 9, according to the lawsuit.

Bean’s lawsuit includes claims for excessive force, civil rights violations, negligence and malpractice. It names the county, Smith, Miller, Mills, MetroHealth, Clark and Dr. Mary Hancock as defendants and also says county officials do not hold officers accountable for using excessive force.

He seeks an unnamed amount in damages.

Spokeswomen for the county and MetroHealth did not immediately respond to emails seeking comment.

Following the release of the marshals’ report, the county has released records on numerous corrections officers who have been accused of misconduct in recent years. Among them was Smith.

Smith admitted “some fault” in a Nov. 1, 2018, incident in which he was accused threatening a 29-year-old inmate and shoving him into a wall, according to records.

The encounter happened after Smith denied the inmate’s request to talk to his attorney because Smith was busy that day, records say. The inmate told Smith that he couldn’t deny him the conversation with his lawyer, to which Smith replied: “man shut up. You are a snitch anyway,” according to records.

Smith walked up to the inmate after that exchange, grabbed him, then shoved him into a glass wall. The officer tried to handcuff the inmate, but stopped and pushed him as other Special Response Team officers arrived to help, the records show.

Smith never reported shoving the inmate, but later admitted to it in an interview with investigators, county records say.

In a written statement, he said he didn’t believe he needed to report the push because he didn’t believe it rose to the level of a use-of-force that needed special documentation. The inmate was not hurt during the incident.

The incident happened on one of the three days the marshals were inside the jail to conduct its investigation. The inmate later told investigators that Smith repeatedly called him a snitch after he interviewed with “an outside agency that was here this week,” according to records.

Smith received a written warning for the incident.