$750 Awarded to County Prisoner for Use of Force and Racially Discriminatory Grooming Enforcement
$750 Awarded to County Prisoner for Use of Force and Racially Discriminatory Grooming Enforcement
On November 29, 2006, the County of Sacramento settled a civil suit for alleged excessive force, and religious discrimination committed by six Sacramento County Sheriff’s officers.
As a prisoner in the Sacramento County Jail, Herbert M. Bellinger, Jr. had a routine cell search by Deputy Allbee, who found fruit fermenting in a plastic bag. Allbee informed Bellinger that he would be receiving an incident report for possession of contraband substance then left. Twenty minutes later, Allbee returned with Deputies Gargano, Stewart, Treat, and Powell. Allbee then informed the guards that Bellinger failed to obey his order to remove the braids out of his hair. Bellinger claimed ignorance to the hair policy and cited that he had never been given a rule book.
The guards handcuffed and leg shackled Bellinger, then forced him to the ground face down. Gargano placed her knee into Bellinger's back and forcefully cut his braids with a scissor. As the guards left, Bellinger requested medical attention, which was ignored.
Later in the day, Bellinger noticed two white prisoners with long braided hair. When he complained, Powell said that his black hair was “nappy.”
Bellinger exhausted all available jail grievance procedures then filed a civil suit against the County. He claimed the excessive force caused bruises on his back, lacerations on his arms and legs, and injuries to his neck and back. He also alleged discrimination for selective enforcement of the hair policy.
He requested a jury trial and sought $500,000 in compensatory damages, $500,000 in punitive damages, and all attorneys’ fees. The County and Bellinger settled for $750.
See: Bellinger v. Sacramento County, USDC No. Civ-S-02-2335 LKK GGh-P (E.D. Cal. 2006).
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Related legal case
Bellinger v. Sacramento County
| Year | 2006 |
|---|---|
| Cite | USDC No. Civ-S-02-2335 LKK GGh-P (E.D. Cal. 2006) |
| Level | District Court |
| Conclusion | Settlement |
| Damages | 750.00 |