The Pennsylvania Institutional Law Project has settled a lawsuit on behalf of Damion Davis, who was held for several months as an immigrant detainee at the Pike County Correctional Facility (PCCF) in Lords Valley, Pennsylvania. U.S. Immigration and Customs Enforcement (ICE) contracts with Pike County to detain immigrants in its jail.
The lawsuit alleged that, in December 2021, a minor rule violation on the part of Mr. Davis led to corrections officers pepper-spraying him in the face—while he was in handcuffs and shackles—causing a corneal burn in one of his eyes. Following this painful encounter, jail staff forced Mr. Davis onto the floor, removed his clothing, and placed him in a restraint chair. He remained in the restraint chair for approximately 10 hours. While Mr. Davis was fully restrained in the restraint chair, a corrections officer choked him, causing him to spit up blood.
Notably, after opening an investigation into the incident and reviewing video footage and supporting documentation, the U.S. Department of Homeland Security’s Office for Civil Rights and Civil Liberties’ (CRCL) substantiated Mr. Davis’s allegation that Pike County officers used excessive force.
CRCL found that video of the incident showed that Mr. Davis “was not combative and submitted to hand restraints” but that Pike County officers pepper-sprayed him anyway. The investigatory findings further stated that “the removal of Mr. Davis’s clothing and placing him in a restraint chair unclothed was not only dehumanizing, but unjustified, unnecessary, and punitive.” Finally, CRCL determined that officers’ gripping of Mr. Davis’s neck and placing pressure near his carotid artery constituted “deadly force.” CRCL concluded this was unnecessary since Mr. Davis was restrained and was not a threat to himself or the officers.
Through this lawsuit, which included excessive force claims, a race discrimination claim under the Equal Protection Clause, and claims against medical staff who authorized and participated in his restraint-chair placement, Mr. Davis sought to vindicate his rights and hold the individuals who harmed him accountable. The settlement of Mr. Davis’s lawsuit for a meaningful sum of money has allowed Mr. Davis, who is no longer detained, to move forward with his life. ICE continues to contract with Pike County to detain immigrants in its jail.
Press Release
Lawsuit Filed on Behalf of Man who was Choked While In Restraints, Subjected to Racial Slurs - (11/15/23)