The ACLU of Southern California (ACLU/SC) and the National American Civil Liberties Union today called on the United States Attorney’s Office to launch an independent criminal investigation into last month’s brutal beating by two Los Angeles County Sheriff’s Department (LASD) deputies of an inmate at the Twin Towers Correctional Facility, part of the Los Angeles County Jail system.

The savage attack Jan. 24 on James Parker, detained on a non-violent marijuana charge, was witnessed by ACLU/SC’s Jails Project Coordinator Esther Lim, who is assigned to monitor all county jails, and another inmate. Both observed the two deputies beating and repeatedly tasering Parker for about two minutes while he was lying on the ground limp, motionless and not resisting the deputies in any way.

“It is crucial that the federal government launch an independent investigation immediately,” said Peter Eliasberg, ACLU/SC managing attorney. “A criminal investigation from an impartial outside agency will not only help the inmates but will also help all those deputies who work hard to do their job properly and who should not be painted with the same brush as those who may have violated the law by beating a non-resisting inmate.”

Sheriff’s department employees have made public statements challenging the motivation and integrity of Lim, calling into question the impartiality of the LASD. Lim would necessarily be a key witness in any criminal case filed against the deputies and so the statements by sheriff’s department employees could significantly harm any prosecution by the county district attorney that relies on an investigation by the LASD.

“It is odd, and indeed troubling, when a law enforcement spokesperson publicly disparages the credibility of a potential prosecution witness,” said Daniel Richman, a professor at Columbia University’s School of Law and former Assistant United States Attorney for the Southern District of New York. “Such comments can undermine the appearance of impartiality critical to maintaining public trust in the criminal justice system. Moreover, if a prosecutor ends up bringing charges, the defense may try to use the comments to undermine the credibility of that witness, a problem that no prosecutor wants to deal with.”

The sheriff’s department has proven itself to be completely unwilling to investigate its own deputies aggressively. The ACLU has received hundreds of complaints over the past two years detailing deputy assaults of inmates similar to what Lim witnessed, dozens of which the sheriff’s department has claimed to investigate. But in each instance, the department has only stonewalled, asserting without presenting a shred of evidence to back up its claims that it has “thoroughly investigated” the complaints before finding them to be false.

“The subculture of deputy violence and abuse at the Los Angeles County jail is extraordinary and unprecedented,” said Margaret Winter, associate director of the ACLU National Prison Project. “It has gone unchecked for so long that deputies apparently feel emboldened to carry out a savage beating in full view of ACLU staff. This signals both the depth of the problem and the urgency of the need for an independent federal investigation, which we believe will be forthcoming.”

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Thursday, February 17, 2011 - 12:00am

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The American Civil Liberties Union of Southern California (ACLU/SC) condemns a recent brutal beating by two Los Angeles County Sheriffs deputies of a detainee at the Twin Towers Correctional Facility, part of the county jail system.

The violent January 24 attack on James Parker, detained on a non-violent marijuana charge, was witnessed by ACLU/SC’s Esther Lim, who is assigned to monitor all county jails.

“We believe Mr. Parker’s beating is not an isolated incident,” said Hector Villagra, incoming executive director of the ACLU/SC. “Rather, it highlights the rampant violence that continues to plague the county’s jails, and demands court intervention to protect detainees from brutal attacks and retaliation. That the ACLU/SC monitor witnessed a brutal attack in plain sight is alarming and can only lead us to conclude detainees are subject to even greater cruelty when no one is watching.”

The beating was made public Monday in a sworn statement submitted in federal court by Lim, who watched through a glass window as deputies repeatedly punched, kneed and tasered Parker while he was lying motionless on the floor.

“Mr. Parker looked like he was a mannequin that was being used as a punching bag,” Lim says in her statement. “I thought he was knocked out, or perhaps even dead.” Lim hit the glass divider hoping to get the deputies’ attention and stop the attack, but the officers continued to punch and taser Parker.

“Mr. Parker was not fighting with the deputies,” Lim says in her statement, adding he “was not trying to kick, hit or otherwise fight with the deputies.” Yet deputies continued to order him to “stop resisting” and “stop fighting”, while simultaneously punching and kneeing his limp body repeatedly and tasering him multiple times. The deputies then wrote in a jail log that Parker had been fighting and resisting, contrary to what Lim witnessed.

“This kind of brutal beating is unacceptable,” said Peter Eliasberg, ACLU/SC managing attorney. “We are also very concerned that shortly after the beating the sheriff’s department issued a log report contradicting what witnesses, including our monitor, saw. The report claims Parker was resisting and fighting with deputies when he was on the ground. That is blatantly false.”

Parker now faces charges for allegedly assaulting the very deputies who beat him.

Lim’s statement, along with that of another witness to the beating, were filed Monday in U.S. District Court for the Central District of California, to bolster a motion the ACLU/SC filed in October seeking a federal court order prohibiting jail deputies from retaliating against prisoners through violence or threats.

The ACLU/SC first sued Los Angeles County and its sheriff in 1975, on behalf of all detainees in the county’s jail system in 1975, charging the conditions of their confinement violated the Eighth Amendment’s prohibition against cruel and unusual punishment. Many remedial orders have been issued over the years in the case Rutherford v. Block. But the systemic problems plaguing the system have recently become so acute the ACLU/SC in December asked U.S. District Court Judge Dean D. Pregerson to order a new trial in a case based on “an escalating crisis of deputy violence, abuse and inmate suicides” at Men’s Central Jail, another facility in the Los Angeles County jail system.

A report released by the ACLU/SC in September painted a stark picture of unacceptable levels of violence in the jails, including reports of deputies beating handcuffed detainees, injuring some so badly that they ended up in intensive care. The report also showed retaliation against inmates to be an acute problem. Several prisoners have been severely punished for meeting with representatives of the ACLU/SC, which is the court-appointed monitor of conditions inside L.A.'s county jails.

“The reign of terror we’re uncovering in the Los Angeles County Jails is unmatched by any of the hyper-violent prisons and jails across the country we have investigated,” said Margaret Winter, Associate Director of the ACLU National Prison Project. “The brutality there is so blatant and routine that the deputies carried out a vicious beating in full view of a court appointed monitor. The court needs to take immediate action to ensure the protection of prisoners.”

The ACLU’s National Prison Project, along with Disability Rights California, and the law firm of Bingham McCutchen LLP are co-counsel in the case.

Date

Tuesday, February 8, 2011 - 12:00am

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