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Title: Amber Swink started the night drinking at home — she ended it in a restraint chair being pepper-sprayed
Source:
Independent
URL Source: http://www.independent.co.uk/news/w ... g-pepper-sprayed-a7308346.html
Published: Sep 15, 2016
Author: Peter Holley
Post Date: 2016-09-15 18:30:42 by Hondo68
Keywords: promoted Sealey to captain, first minority woman, no reason to pepper-spray
Views: 5362
Comments: 26
By the time Amber Swink was strapped into a restraint chair in an isolation cell, she had already been pepper-sprayed once. Barely able to open her eyes as she struggled inside a seven-point harness at the Montgomery County Jail in Dayton, Ohio, Swink could hear deputies laughing. Moments later, for reasons the 25-year-old said she still doesn't understand, Sgt. Judith L. Sealey approached the chair and fired a burst of pepper spray into Swink's face at point-blank range. Swink had been arrested during a night of heavy drinking at her home that evening. Swink admits that she was still somewhat intoxicated at the time but recalled that the pain was nearly unbearable as her face was coated with oleoresin capsicum. "It felt like somebody just crushed up fresh peppers and made me use them as face cream," Swink told The Washington Post. "It took my breath away. You're fighting for air. I remember my mouth was filling with a thick slobber, like foaming up -- and that was also blocking my airway." "I thought I might die," she added. Jailhouse video appears to match Swink's description of the Nov. 15, 2015, incident. In the four-minute clip captured by a camera in the isolation cell, Swink can be seen struggling and coughing; she appears to pass out after her face is covered with a bright orange substance. Montgomery County Sheriff Phil Plummer said Tuesday that he hadn't viewed the video footage, but he acknowledged that Swink was pepper-sprayed while restrained, violating his department's use-of-force protocol. He called it "an isolated incident." "Thirty percent of my jail is people suffering from mental illnesses," Plummer said by telephone. "There are a lot of situations that the police officers should not be dealing with, but everybody wants to blame the police." Late Tuesday, Swink filed a lawsuit in U.S. District Court in Ohio, accusing members of the sheriff's department of using excessive force "that amounted to torture." The filing also alleges that department officials orchestrated a coverup aimed at destroying evidence of the incident. Plummer -- who had not seen the complaint at the time he was interviewed -- said he could not comment on specific accusations from the filing. But, he said: "We will definitely oppose the lawsuit. This isn't that egregious where she's walked away with any serious injuries. The officer she spit on should sue her." According to a National Institute of Justice research brief, most U.S. law enforcement agencies have used pepper spray since the late 1980s "as a use of force option to subdue and control dangerous, combative, or violent subjects in the field. OC, with its ability to temporarily incapacitate subjects, has been credited with decreasing injuries among officers and arrestees by reducing the need for more severe force options." An earlier paper from the NIJ -- a Justice Department agency -- noted that pepper spray "incapacitates subjects by inducing an almost immediate burning sensation of the skin ... and swelling of the eyes. When the agent is inhaled, the respiratory tract is inflamed, resulting in a swelling of the mucous membranes lining the breathing passages and temporarily restricting breathing to short, shallow breaths." But the incident in Dayton appeared to violate widely accepted law enforcement practices. "You cannot find any training manual that will tell you it is allowable to pepper-spray somebody who is restrained," said Kamran Loghman, a U.S. Naval Academy professor who helped develop pepper spray for law enforcement use. "It is used to avoid confrontation or injury, so you don't escalate to higher levels of confrontation. Pepper spray, therefore, should not be used if the subject is expressing verbal disagreement or anger." Last month, a Georgia sheriff's deputy was fired and charged with a felony after an investigation determined that she'd used pepper-spray "to punish a jail inmate who spit in her face while his hands and feet were in restraints," according to the Associated Press. Sgt. Charlesetta Hawkins was charged with cruelty to an inmate. Plummer, the sheriff, and Swink's attorney, Douglas Brannon, agree on much of the timeline from that night in November. Both parties say Swink drank excessively before landing in jail, where "she exhibited a belligerent attitude." The complaint notes that Swink kicked at the arresting officer; Plummer said Swink spit on the officer and punched a cell window once inside the jail. She continued to act disruptively by screaming and banging on the glass, both parties agree, leading Sealey to pepper-spray Swink the first time. Although Swink was no longer causing a disturbance, the complaint states, Sealey ordered officers to place her in a restraint chair and move her to an isolation room. After being unable to move for an hour and a half, Swink began yelling, the complaint states. "Shortly thereafter, Defendant Sealey went into Plaintiff Amber Swank's cell with another can of OC spray and intentionally and maliciously sprayed Plaintiff Amber Swink's face and body with the OC spray until she became unconscious and suffered permanent, serious, and debilitating injuries." Plummer agreed that there was no reason to pepper-spray Swink, since "she was already restrained." "We don't tolerate once you're secured using pepper-spray on you because the threat is neutralized," he said. "That's the mistake that Sgt. Sealey made." Plummer said Sealey received a written form of discipline known as a "letter of citation," which would remain in her file for six months. The sheriff said he couldn't remember when the incident came to his attention, but he said he hadn't seen the video because footage is stored only for 30 days before being deleted. "It just got caught in that cycle," he said. Plummer said Sealey would not be made available to comment. According to the complaint, sheriff's department policy says any footage of a use-of-force incident is supposed to be permanently saved on a department hard drive and burned onto a disc that must be stored for at least seven years. Any time pepper spray is used on an inmate, the complaint continues, employees are also required to fill out a use of force report. But Sealey never filled out the report, the complaint states, and Plummer never required her to -- "so that there would be a lack of evidence of the excessive use of force (OC spray assault) and less likelihood that the matter would be made public." The complaint also alleges that "several private meetings were held" within the department to discuss how officials might conceal Sealey's actions. Department officials eventually decided to destroy electronic data and reports to prevent litigation, the suit states. Plummer did not respond to requests for comment Wednesday, the morning after the lawsuit was filed. But on Tuesday, he said Sealey has "learned from" the pepper-spraying incident. "She is a very good officer, one of the best community officers we have," he said. "The public loves her. I wish I had 20 of her." The sheriff noted that he personally promoted Sealey to captain and said she is the first minority woman on his department's command staff. Swink's complaint claims that Sealey made captain because she is a black woman and that her promotion followed accusations that several deputies within the department sent racist text messages on their personal cellphones. Brannon, the attorney, said Sealey should be charged with a crime and fired immediately. "I can't fathom that the sheriff would even consider keeping this employee in light of the fact that her conduct was intentional, deliberate and abusive and directed towards an individual that was completely unable to protect herself," he said. Swink said her pepper-spray exposure has left her with chronic breathing problems. A busy mother of four, she said she often finds herself gasping for breath the same way she used to as a child, when, she said, she suffered from asthma. "It's hard to play with my kids," she said. "I have to stay inside with the air conditioning so I can breathe." There are emotional scars as well, she said: She avoids police whenever possible and said she can't bear to watch the video that shows her face being blasted by pepper spray. "My whole life, I looked up to law enforcement," Swink said. "They would come into our schools and talked to us and they were supposed to be some of the best people you could trust and call on. "But now I wonder if there's really anybody watching out for me and my family." 
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#1. To: hondo68 (#0)
Then why did you kick and spit on the arresting officer who was simply doing his job?
Pepper spraying a restrained person is torture, it is not the police's "job".
If they did it without provocation, then I agree.
Verbal provocation of a law officer by a woman strapped into a chair is not sufficient to let a law officer off the hook for spraying her in the face. Or it shouldn't be at any rate.
No, provocation is not the requiring factor. Pepper spray use would be appropriate only if it aids in somehow pacifying a situation. That is completely independent of whether that person "provoked" an officer. That's not the case in the video. The officer clearly engaged in torture without just cause, and should be sued & disciplined. I predict an out of court settlement.
She needs to take his house, pension and all bank accounts. Or, conversely, she gets to reenact the entire event on him. Her choice.
The female pig did the spraying. The white pigs just fondled her and put water in her eyes to exacerbate the pain and suffering.
I'm surprised that one of their own said this. They are toast. Especially now that they've taken such measure to hide the video tape of this incident. It's one thing to pepper spray someone while they are restrained and unarmed. It is yet another when documentation of this incident becomes destroyed which is destruction and obstruction of evidence and justice.
Will be interesting if the attorney can prove that. If so, then a number of heads will be on the block, as that sounds like a conspiracy to commit crimes by this bunch of "heroes". Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. if you look around, we have gone so far down the the rat hole, the almighty is going to have to apologize to Sodom and Gomorrah, if we don't have a judgement come down on us. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood "I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur
Since that was only alleged by the Sheriff, and there was no evidence produced to support it, you should have used the word "alleged". Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. if you look around, we have gone so far down the the rat hole, the almighty is going to have to apologize to Sodom and Gomorrah, if we don't have a judgement come down on us. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood "I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur
Or, conversely, she gets to reenact the entire event on him. Her choice. " Hank, the offending officer is female. I would vote for the plaintiff being awarded every asset the offending officer has, and getting to reenact the event on the offending deputy, followed up with at least a dozen wacks with a metal ball bat! Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. if you look around, we have gone so far down the the rat hole, the almighty is going to have to apologize to Sodom and Gomorrah, if we don't have a judgement come down on us. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood "I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur
Plummer and Sealy both need to be sentenced to five years in prison as prisoners wearing their uniforms.
Yes, of course, thanks to you and Fred Mertz; brain bubbles - I'll blame it on concern for Hillary Milhaus Felon's health.
She kicked and spit on the arresting officer. She wants to act like an animal she'll get treated like one. F**k her. Put me on a jury and the cop walks and she gets charged with assault. Once this starts happening across the country perhaps, then, people will start behaving. This assault on cops is bullshit.
Challenge. Post the video evidence of that. Otherwise, go back to licking some jack boots.
I see. If there is no video, then nothing happened. How did we ever prosecute people before the invention of video cameras? Oh. If I found the video, would you change your mind?
If she used pepper spray while being kicked and spit on, yes, as a deterrent or non-lethal force. Using pepper spray while the woman is in 7-point restraints is...pick a phrase: cruel and unusual punishment, torture, abusive, etc. Did you notice the white guy cops checking if she was still alive react to the effects of the pepper spray?
? ? ? ? Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. if you look around, we have gone so far down the the rat hole, the almighty is going to have to apologize to Sodom and Gomorrah, if we don't have a judgement come down on us. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood "I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur
So using pepper spray on an individual who is simply being loud and abusive is "cruel and unusual punishment, torture, abusive, etc." and the cop deserves to lose his house, pension and all bank accounts and spend five years in prison? I say he deserves a raise:
and the police make thee more enemies.
Elected and unelected Bureaucrats, leeches, and cockroaches are all part of the same family in the animal kingdom.
There was a video but the cops destroyed.
The cops won't start behaving. That's for sure. But thanks for being honest about your being an advocate of torture. If it happens to you one day, it will be quite fitting.
Torture was your word, not mine. I advocate spraying assholes. Don't want to get sprayed? Don't act like an asshole.
Okay. You advocate torturing "assholes". Or more precicely, those you consider "assholes". But what the cop did was intended to be torture. There was no other purpose for it. You can call it "spraying" instead of torture if you want. I guess it doesn't sound as bad, does it?
He sprayed her to shut her up because she was acting like an asshole. You'd think she would have learned her lesson after the first time.
Oh, yes. She was completely restrained and acting like an asshole, so the cop had to, just had to pepper spray her. I feel so sorry for the cop that had to go through that ordeal.
"My whole life, I looked up to law enforcement," Swink said."
#2. To: misterwhite (#1)
#3. To: Vicomte13 (#2)
"Pepper spraying a restrained person is torture, it is not the police's "job".
#4. To: misterwhite (#3)
#5. To: misterwhite (#3)
If they did it without provocation, then I agree.
#6. To: misterwhite (#3)
(Edited)
#7. To: Hank Rearden (#6)
#8. To: hondo68 (#0)
Montgomery County Sheriff Phil Plummer said Tuesday that he hadn't viewed the video footage, but he acknowledged that Swink was pepper-sprayed while restrained, violating his department's use-of-force protocol.
#9. To: hondo68 (#0)
" The complaint also alleges that "several private meetings were held" within the department to discuss how officials might conceal Sealey's actions. Department officials eventually decided to destroy electronic data and reports to prevent litigation, the suit states. "
#10. To: misterwhite (#1)
" kick and spit on the arresting officer "
#11. To: Hank Rearden (#6)
" She needs to take his house, pension and all bank accounts.
#12. To: hondo68 (#0)
#13. To: Stoner (#11)
(Edited)
Hank, the offending officer is female.
#14. To: Hank Rearden (#6)
#15. To: misterwhite (#14)
She kicked and spit on the arresting officer.
#16. To: Fred Mertz (#15)
(Edited)
"Post the video evidence of that."
#17. To: misterwhite (#16)
(Edited)
#18. To: Hank Rearden (#13)
" thanks to you and Fred Mertz; brain bubbles - I'll blame it on concern for Hillary Milhaus Felon's health. "
#19. To: Fred Mertz (#17)
#20. To: hondo68 (#0)
#21. To: misterwhite (#16)
I see. If there is no video, then nothing happened. How did we ever prosecute people before the invention of video cameras?
#22. To: misterwhite (#14)
Put me on a jury and the cop walks and she gets charged with assault. Once this starts happening across the country perhaps, then, people will start behaving.
#23. To: Pinguinite (#22)
"But thanks for being honest about your being an advocate of torture."
#24. To: misterwhite (#23)
#25. To: Pinguinite (#24)
#26. To: misterwhite (#25)
He sprayed her to shut her up because she was acting like an asshole. You'd think she would have learned her lesson after the first time.
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