Adam Sindell v. Latonya Coach, et al.

Macon, Georgia personal injury lawyers represented the Plaintiff who sued on a Civil Rights Act violation theory.<br>
<br>
In June 2020, Sindell was a pretrial detainee in the Houston<br>
County Jail.1 He resided in the L-Pod section of the jail, which<br>
housed roughly eighty pretrial detainees. Jail officials checked de-<br>
tainees' cells three times per day for contraband and rule violations.<br>
<br>
On June 25, Sindell filed a grievance against Deputy Coach, a su-<br>
pervising officer in the L-Pod. He alleged that during her routine<br>
check of his cell, Coach pulled his mattress out from under him,<br>
causing him to injure his elbow, and threw away his Bible because<br>
he possessed more books in his cell than the rules allowed. The<br>
Houston County Sheriff's Office reviewed the incident and found<br>
Sindell's allegations against Coach to be "unsustained” and un-<br>
founded, including that it was "disproven that [Deputy] Coach<br>
threw [Sindell's] Bible into the trash.”<br>
<br>
On June 30, Coach again conducted her routine checks of<br>
the L-Pod. During one check, Coach told the other L-Pod detain-<br>
ees, while pointing to Sindell, that no one could trade food and they<br>
would have to eat in their cells because people were filing griev-<br>
ances against her. According to Sindell, she told the others, "You<br>
don't get to come out of your cell because this guy wants to write<br>
grievances . . . .” When she checked Sindell's cell that day, she<br>
again found that he possessed more books than he was allowed and<br>
put him on "lockdown,” meaning that he was not allowed out of<br>
his cell with the other detainees during "rec time.”<br>
<br>
During rec time that day, Coach worked at the security desk<br>
in the common area. In addition to the security desk, the common<br>
area had a computer kiosk where detainees could send emails and<br>
file grievances. Detainees on lockdown could buzz the security<br>
desk and speak with Coach. Sindell used the buzzer to request toi-<br>
let paper. Coach retrieved toilet paper and gave it to another de-<br>
tainee to take to Sindell in his cell. When the other detainee<br>
reached the cell, Coach unlocked the cell door. Sindell took the op-<br>
portunity to leave his cell for the kiosk in the common area to send<br>
a message to his fiancée, even though he knew he was on "lock-<br>
down.”<br>
<br>
Coach saw Sindell in the common area, told him that he was<br>
on lockdown, and instructed him "a couple of times” to return to<br>
his cell. Sindell did not do as instructed. Because he did not obey,<br>
Coach ordered all of the detainees out of their cells on "rec time”<br>
to return to their cells so that, if Sindell remained out of his cell, he<br>
would be immediately identifiable. All of the other detainees re-<br>
turned to their cells. Sindell remained at the kiosk. Coach called for<br>
other officers to assist with Sindell.<br>
<br>
Deputies Cleckner and Boerger responded to Coach's call.<br>
Cleckner told Sindell twice, in quick succession, to lock down. Sin-<br>
dell testified that Coach told them that Sindell "needs his ass<br>
kicked.” Sindell began walking away from the kiosk and toward<br>
Cleckner and Boerger with his palms open by his sides. Cleckner<br>
and Boerger walked toward Sindell while Coach remained behind<br>
them near the security desk. Cleckner pointed toward Sindell's cell,<br>
and one second later, wrapped Sindell's legs with his arms and took<br>
him to the ground. Boerger put his arm around Sindell's upper back<br>
in an apparent attempt to control his fall, but Sindell's head hit the<br>
floor. Cleckner and Boerger began to turn Sindell onto his stom-<br>
ach, and he went limp. They handcuffed him and lifted him up, and<br>
he remained limp. They placed him in a chair, and Sindell began<br>
having what appeared to be seizures. Cleckner and Boerger took<br>
Sindell to the medical unit in a wheelchair. Sindell suffered bruising<br>
and cuts and stated that he also suffered from an injured wrist, sei-<br>
zures, and a low‐grade fever. Sindell testified that he continues to<br>
suffer pain that impacts his ability to work.<br>
<br>
Sindell sued Deputies Cleckner, Coach, and Boerger under<br>
42 U.S.C. § 1983 for excessive force, failure to intervene, and retal-<br>
iation for exercising his First Amendment rights. With consent by<br>
all parties, <br>
<br>

Boerger was dismissed from the suit. Cleckner and<br>
Coach moved for summary judgment, and the district court<br>
granted their motion, finding they were entitled to qualified im-<br>
munity. Sindell timely appealed.<br>
<br>
Affirmed