County settles jail assault suit
By Nathan Mayberg
NEWTOn — A former inmate at Sussex County's Keogh-Dwyer Correctional Facility has received a $55,000 payout from the county's insurance carrier to settle claims that he was beaten by guards and strapped to a restraining chair for 19 hours in 2010.
Robert Norman, who was at the jail awaiting transfer to state prison on a shoplifting charge at the time, alleged that guards attacked him after he spoke to an inmate who was forcibly strapped to another chair near his jail cell.
The suit, which was filed in 2011, named former Sussex County Sheriff Robert Untig, former Undersheriff John Armeno, former Undersheriff David DiMarco, Lt. Edward Pandiscia, Sgt. Christopher Lynch, Sgt. John Kernusz, Sgt. David Bannon, corrections officer Jason Kimble, corrections officer Richard Nemeth and corrections officer Anthony Masucci.
The lawsuit, filed by Sparta attorney Jeffrey Patti, alleged that the abuse occurred at the jail on Oct. 4, 2010.
Patti describes the use of torture by the guards as a violation of the Constitution's protections against cruel and unusual punishment, a violation of the state constituion and a violation of the jail's own policy which restricts the use of the chair to protecting an inmate from himself or others.
It is alleged that the prison utilized a restraint chair in which inmates are strapped tightly with their hands handcuffed behind their back and their legs shackled. The straps are wrapped tightly form their neck down to their feet "completely immobilizing the inmate and causing severe pain and discomfort," Patti alleges. Corrections staff referred to it as the "happy chair," Patti stated in the suit.
After observing another inmate being forcibly placed into a restraint chair near his cell, Norman said he attempted to speak with him from inside his own cell.
As a result, it is alleged that Bannon, Lynch and Kernusz took part in entering Norman's cell, with Kernusz allegedly macing him in the face . They three allegedly inflicted a "savage beating" on him by "throwing him against the wall, throwing him on the floor, and punching and kicking him about the face and body," Patti stated in the suit.
After handcuffing his hands behind his back and shackling his legs, Norman alleged the beating continued into the shower room and ran cold shower water over him.
Video from the jail allegedly showed Bannon, Lynch and Kernusz leading Norman into a shower with Pandiscia and correction officers Kimble, Masucci and Nemeth.
The video purports to show that the officers were inside the shower with Norman for 14 minutes.
Norman was allegedly then placed into the restraint while he wore his soaking prison clothes for the next 19 hours.
Patti said it was Lynch who authorized the use of the chair and signed off on letting Norman out of the chair one day later when he returned to the jail to begin his shift.
Despite allegedly complaining of burning eyes from the mace and the excruciating pain from the injuries, Norman was left in the chair to urinate on himself. After 19 hours, he was allegedly removed from the restraint chair and locked in a small dark broom closet for several hours.
A nurse reported treating an abreasion on Norman's forehead, Patti said.
A young female inmate was also strapped to a restraint chair near Norman's cell, Patti said.
The suit states that guards had no "legitimate rationale" for entering Norman's cell. Norman was not a threat to himself or others from the cell and did not warrant a savage beating.
The "unlawful and inappropriate use of the restraint chair on plaintiff was solely for the purpose of punishment and intimidation. The defendant' unlawfully and illegally used the restraint chair" as "an instrument of torture."
In addition, Norman claims that he was subjected to "relentless verbal abuse and religious discrimination" by the defendants over his religion as a Muslim.
Patti states that Norman experienced "humiliation and severe emotional trauma." His injuries will require further medical treatment, Patti stated.
Norman claims to have witnessed the restraint chair used as a torture method against other inmates.
None of the officers allegedly involved in the beating of Norman were disciplined, Patti said.
Patti said an inmate's "debt to society does not include being beaten."
"Our debt to society is incarceration. Our debt to society does not include the law of the jungle and being beaten and tortured."
Sussex County Sheriff Michael Strada, who took office in 2011, after the incident was alleged to have occurred, said the chair is still used by the jail.
"We have a very stringent policy right now in place in reference to the use of that chair," Strada said.
The use of such a chair is monitored 24 hours a day, he said. The policy has guidelines in place to allow for an inmate to use the bathroom.
Strada said the chair can only be used to protect an inmate from harming themselves or others. "It is not a form of punishment."
"I can't comment on what happened in the past," Strada said.
Strada said the county's use of the restraint chair is approved by the state department of corrections.
Strada did not take part in the settlement of the lawsuit.
Sussex County Administrator John Eskilson said the suit was handled by the county's insurance carrier and that he and freeholders did not take part in discussions of the settlement.
Reporter Nathan Mayberg can be reached at 845-469-9000 ext. 359 or by email at comm.reporter@strausnews.com