Case 1:11-cv-01182-RBP-HGD Document 63-5
Filed 05/25/12 Page 7 of 9
I grabbed him by his shirt, but he slipped out of it and pulled it off. There in the hall he cursed the officers and approached them in a hostile manner in an appearance to goad them to become physical with him. I am very proud of the officers that no one touched him. 15.
This conduct continued until I felt that he needed to be placed in
another secure location for his and others' safety.
We escorted him to the
"attorney room" where inmates meet with counsel. Once in that room, the Plaintiff immediately grabbed a chair and began breaking the glass in the door. He toppled the chairs and table.
Again, no officer became physical with him but merely
removed all of the furniture from the room. Undaunted, the Plaintiff them ripped the wiring conduit and pulled the computer wiring from the walls. All of this behavior was captured on video recording. 16.
It was after this conduct, I decided that charges needed to be brought
against the Plaintiff. He was charged with criminal mischief for tearing the room and harassment for attempting to spit on me. I initiated the charges because I was the only officer present that had arrest authority. The corrections officers do not. I instructed Lt. Starr to secure the video of both instances involving Plaintiff to provide to the District Attorney's Office. 17.
It must be noted that the Plaintiff did not complain as to any physical
injuries to me or to my staff after the incident. In fact, in his deposition, Plaintiff 6