United States of America v. Adam Bess

Toledo, Ohio criminal defense lawyer represented Defendant charged with depriving an inmate at the Erie County Jail of her constitutional rights by using excessive force.



On November 1, 2021, Adam Bess, age 35, was working as a sergeant at the Erie County Jail. During the booking process of a new arrestee, Bess placed his hand around the inmate's throat in anger in a "choke hold” and caused the inmate to have difficulty breathing. Bess' actions were without justification and in violation of both the Erie County Sheriff's Office use of force policy as well as federal law. After being released from jail, the inmate had visible bruising on her neck, immediately reported the matter to the command staff at Erie County Sheriff's Office, and went to the hospital for evaluation of her injuries. The Erie County Sheriff's Office promptly reported the matter to the FBI and placed Bess on administrative leave pending the outcome of an internal investigation. Bess subsequently resigned.



As a result of Bess' federal felony conviction, he can no longer work in law enforcement.



This case was investigated by the FBI Cleveland Division, Sandusky Resident Agency, and the Erie County Sheriff's Office. The case is being prosecuted by Assistant United States Attorneys Michael Freeman and Tracey Tangeman.



18 U.S.C. 242 provides:





Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.



For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.



The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.



TITLE 18, U.S.C., SECTION 242



Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Defendant committed to the Bureau of Prisons for a term of 6 months as to Count 1 of the Indictment, with a term of supervised release of 1 year, with the special condition of 6 months of home detention with standard and additional conditions. Fine waived. No restitution ordered. Special assessment due in the amount of $100.