Brutality Against Prisoners in Handcuffs at Martin CI

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[Abuse] [Martin Correctional Institution] [Florida]
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Brutality Against Prisoners in Handcuffs at Martin CI

FDOC Secretary
Mark Inch
501 S. Calhoun St
Tallahassee, FL 32399

RE: 2/15/19, AND ONGOING BRUTALITY OF PRISONERS IN HANDCUFFS

February 15, 2019, Between 1 pm and 3 pm, during lunch feeding. On walkway in front of medical building, Sgt. Logo and Overseer, St. Croix were roughly escorting handcuffed prisoner, [X] to confinement. Sgt. Lobo literally took out his side arm canister of pepper spray and emptied it in the handcuffed prisoner’s eyes and face area. Sgt. Lobo then slammed prisoner X to the ground and repeatedly kicked him in the back and side. Many other prisoners also witnessed this brutality.

Captain Bensi came running, and rather than stopping the brutality, she literally joined in and participated. Thereby continuing, condoning and encouraging the brutality of prisoner X. Overseer Hampford and all other overseers on the walkway started ordering prisoners to their dormitories so there would be no witnesses. Per Martin CI Policy and Practice, any prisoner caught looking gets the same treatment. This is an ongoing issue here at Martin CI, especially with Sgt. Lobo.

2/6/19: Approx. 1:02 P.M. C-dormitory fixed porch video surveillance will show and prove that prisoners coming from lunch were stuck on the porch outside due to the overseer in the overseer station not opening the two main entrances to the dorm. Sgt. Lobo approached with his large side arm canister of chemical agents in hand (another unknown overseer with him whipped out his handcuffs and fitted it over his fist in brass knuckle fashion), the broken seal in his mouth as he sprayed chemical agents toward the crowded porch causing prisoners (myself included) to start coughing as the overseer in the overstation finally opens the main doors. Sgt. Lobo did this for no other reason other than the fact that he is above the law. There was no disturbance or emergency as is required by SOP to justify breaking the seal of chemical agents canister. And this is Sgt. Lobo’s second time doing this in recent weeks that I’ve witnessed.

1/1/10: between 5:30 PM and 7:30 PM. On walkway in front of medical. During dinner feeding and pill call, Sgt. Lobo gassed a prisoner who was already in handcuffs, in the face and eyes. The victim, as always, was a black prisoner.

This policy and practice clearly amounts to summary brutality, battery, excessive force. See Danley v. Allen, 540 F.3d@1309: “Once a prisoner has stopped resisting, there is no longer a need for force. So the use of force thereafter is disproportionate to the need.” The issue here is the fact that these prisoners are not resisting, they are being gassed and beaten, only after they have peacefully submitted to handcuffs. Other prisoners are looking on, but there is no telling how long prisoners can remain tolerant being caught in such bias and no-win-situations. Our backs are being forced against the walls here. Please do something before the worst comes to pass.

2/13/19: Submitted informal grievance RE: 2/6/19 and prior issues in Sgt. Lobo gassings. Grievance still pending. Legal mail being intentionally delayed, haven’t had legal mail in 2 days. Can’t get out of the dormitory, no reason other than abuse of authority and collective punishment.

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