ST. LOUIS (Legal Newsline) – That detainees were not more hurt is proof that their excessive force lawsuit should fail, the City of St. Louis is arguing.
The City and several corrections officer filed a motion to dismiss a lawsuit by three inmates at the City Justice Center that claims staff members there use too much mace.
“Plaintiffs… have alleged in conclusory terms an ‘excessive’ use of pepper spray, and only de minimis injuries caused by the defendants’ uses of force,” the July 14 motion says.
“The lack of significant injury experienced from pepper spray supports the determination that the uses of spray were not only reasonable, but de miminis uses of force, such that the officers were not on notice that such use of pepper spray was in violation of plaintiffs’ clearly established 14th Amendment rights, thereby entitling the officers to qualified immunity on these claims.”
According to the complaint, on December 14, 2020, while detained in the St. Louis City Justice Center, Derrick Jones was maced in the face without provocation and was told to "marinate."
In February, Jerome Jones was allegedly placed in a small, secure visiting room when jail staff sprayed the room with excessive amounts of mace, leaving Jerome in the mace-filled room, asking for help and shouting that he could not breathe, for nearly half an hour.
Also in February, Darnell Rusan allegedly received the same type of treatment, when he was locked for hours, fully nude, in a room filled with mace.
The three plaintiffs allege these are just specific examples of how often correctional officers are using mace in an abusive manner. Plaintiffs allege that instances with correctional officers happen daily where they use excessive mace without warning.
Plaintiffs allege that correctional officers have been noted to carry around riot-size mace and use it in small confined rooms, often leaving the detainees unable to breathe and being refused medical treatment. According to the complaint, one detainee was maced while having a seizure.
But there were no significant injuries, the defendants say. Derrick Jones was able to wash his face and eyes off and experienced “some burning” on his skin due to mace residue on his clothing, St. Louis argues.
As for Jerome Jones, he “admits that he was sprayed… when he repeatedly refused to cooperate” with directions, the motion says, leaving the officer in a position that require some “use of force to compel Jerome Jones’ obedience.”
Rusan, whose incident occurred during a period of frequent inmate riots and was indicted for beating one officer, and also throwing a chair at her.
“As pled, Lt. Turner and Officer Lewis sprayed Darnell Rusan while he was outside his cell near the phones in the housing unit. Rusan himself admits he picked up a chair, which is corroborated by the charging documents in his pending criminal case,” the motion says.
“He experienced, merely burning, eyes and skin attributable to the pepper spray, used by Turner and Lewis. This, in light of the fact that he was charged for placing Lt. Turner in apprehension of immediate physical injury, and in fact causing physical injury to Officer Lewis, allows the Court to conclude that his injuries were merely de minimis and the use of force was reasonable under the circumstances.”