Adam Sindell v. Latonya Coach, et al.

Macon, Georgia personal injury lawyers represented the Plaintiff who sued on a Civil Rights Act violation theory.



In June 2020, Sindell was a pretrial detainee in the Houston

County Jail.1 He resided in the L-Pod section of the jail, which

housed roughly eighty pretrial detainees. Jail officials checked de-

tainees' cells three times per day for contraband and rule violations.



On June 25, Sindell filed a grievance against Deputy Coach, a su-

pervising officer in the L-Pod. He alleged that during her routine

check of his cell, Coach pulled his mattress out from under him,

causing him to injure his elbow, and threw away his Bible because

he possessed more books in his cell than the rules allowed. The

Houston County Sheriff's Office reviewed the incident and found

Sindell's allegations against Coach to be "unsustained” and un-

founded, including that it was "disproven that [Deputy] Coach

threw [Sindell's] Bible into the trash.”



On June 30, Coach again conducted her routine checks of

the L-Pod. During one check, Coach told the other L-Pod detain-

ees, while pointing to Sindell, that no one could trade food and they

would have to eat in their cells because people were filing griev-

ances against her. According to Sindell, she told the others, "You

don't get to come out of your cell because this guy wants to write

grievances . . . .” When she checked Sindell's cell that day, she

again found that he possessed more books than he was allowed and

put him on "lockdown,” meaning that he was not allowed out of

his cell with the other detainees during "rec time.”



During rec time that day, Coach worked at the security desk

in the common area. In addition to the security desk, the common

area had a computer kiosk where detainees could send emails and

file grievances. Detainees on lockdown could buzz the security

desk and speak with Coach. Sindell used the buzzer to request toi-

let paper. Coach retrieved toilet paper and gave it to another de-

tainee to take to Sindell in his cell. When the other detainee

reached the cell, Coach unlocked the cell door. Sindell took the op-

portunity to leave his cell for the kiosk in the common area to send

a message to his fiancée, even though he knew he was on "lock-

down.”



Coach saw Sindell in the common area, told him that he was

on lockdown, and instructed him "a couple of times” to return to

his cell. Sindell did not do as instructed. Because he did not obey,

Coach ordered all of the detainees out of their cells on "rec time”

to return to their cells so that, if Sindell remained out of his cell, he

would be immediately identifiable. All of the other detainees re-

turned to their cells. Sindell remained at the kiosk. Coach called for

other officers to assist with Sindell.



Deputies Cleckner and Boerger responded to Coach's call.

Cleckner told Sindell twice, in quick succession, to lock down. Sin-

dell testified that Coach told them that Sindell "needs his ass

kicked.” Sindell began walking away from the kiosk and toward

Cleckner and Boerger with his palms open by his sides. Cleckner

and Boerger walked toward Sindell while Coach remained behind

them near the security desk. Cleckner pointed toward Sindell's cell,

and one second later, wrapped Sindell's legs with his arms and took

him to the ground. Boerger put his arm around Sindell's upper back

in an apparent attempt to control his fall, but Sindell's head hit the

floor. Cleckner and Boerger began to turn Sindell onto his stom-

ach, and he went limp. They handcuffed him and lifted him up, and

he remained limp. They placed him in a chair, and Sindell began

having what appeared to be seizures. Cleckner and Boerger took

Sindell to the medical unit in a wheelchair. Sindell suffered bruising

and cuts and stated that he also suffered from an injured wrist, sei-

zures, and a low‐grade fever. Sindell testified that he continues to

suffer pain that impacts his ability to work.



Sindell sued Deputies Cleckner, Coach, and Boerger under

42 U.S.C. § 1983 for excessive force, failure to intervene, and retal-

iation for exercising his First Amendment rights. With consent by

all parties,

Boerger was dismissed from the suit. Cleckner and

Coach moved for summary judgment, and the district court

granted their motion, finding they were entitled to qualified im-

munity. Sindell timely appealed.



Affirmed