Is it safe to be a prisoner in a Florida correctional facility?

Preliminary Expert Witness Report

Our Original Report

  

Witness interview April 12, 2013

Daniel J Linsinbigler Jr. died Tuesday in a Clay County jail cell. Local news reports have focused on Linsinbigler's strange behavior prior to his arrest. Linsinbigler is alleged to have been running naked in 30° weather prior to his arrest. He is alleged to have consumed unknown drugs and synthetic marijuana leading to his contact with the police.

But very little is known about his death. Police officials have released limited information. The Clay County Sheriff's office will only say that Linsinbigler was in restraints when he died.

PoliceAbuse.com has breaking news on this story. Inmates who witnessed Linsinbigler's death have contacted PoliceAbuse.com. According to the witnesses who were on the floor in solitary confinement Linsinbigler could be heard begging for his life after he had been pepper sprayed and locked in restraints. According to inmates housed on the same floor Linsinbigler screamed as jail guards placed a plastic bag over his head. The inmates contacted PoliceAbuse.com fearing retaliation from jail staff. We are contacting the FBI and the Florida Department of law enforcement with evidence related to this abuse investigation. Jacksonville Times Union report

 

We are also investigating a complaint in the Holmes County Florida jail.

Case Update

On March 19th, at approximately 3 PM PoliceAbuse.com was contacted by the Florida Department of Law Enforcement. We provided the lead detective with evidence.

This is an active law enforcement investigation.  Because we have reported crimes to the police investigators we will have no further comment until the Florida Department of Law Enforcement completes its investigation. We do not want anything published on our site to interfere with the investigation.

If you have been a victim of abuse in the Clay County jail please call our office 800-473-5097. You may remain anonymous.

Records Request Filed 4/15/2013

Records Request Filed by Policeabuse.com 3/21/2013

Case update March 23, 2013: in response to our records request, the Clay County Sheriff has released the arrest report For Daniel Linsinbigler Jr. though there are no details about the death we believe the report includes the names of the employees on duty. We are continuing our own independent investigation of this jail death.

Update:

May 4, 2013

We have requested the name of a female employee identified as a nurse on the night of Daniel Linsinbigler's death. The Sheriff's office has given us a response to our records request. However we have asked for clarification regarding access to records. We will make our findings public when the records we are seeking have been obtained.

Update- Clay County Clarifies Response to Request

Clay County by Policeabuse.com

 

Policeabuse.com-Daniel Linsinbigler Reports-Clay County Homicide by Policeabuse.com

 

Our Original Report

Witness interview April 12, 2013

Daniel J Linsinbigler Jr. died Tuesday in a Clay County jail cell. Local news reports have focused on Linsinbigler's strange behavior prior to his arrest. Linsinbigler is alleged to have been running naked in 30° weather prior to his arrest. He is alleged to have consumed unknown drugs and synthetic marijuana leading to his contact with the police.

But very little is known about his death. Police officials have released limited information. The Clay County Sheriff's office will only say that Linsinbigler was in restraints when he died.

PoliceAbuse.com has breaking news on this story. Inmates who witnessed Linsinbigler's death have contacted PoliceAbuse.com. According to the witnesses who were on the floor in solitary confinement Linsinbigler could be heard begging for his life after he had been pepper sprayed and locked in restraints. According to inmates housed on the same floor Linsinbigler screamed as jail guards placed a plastic bag over his head. The inmates contacted PoliceAbuse.com fearing retaliation from jail staff. We are contacting the FBI and the Florida Department of law enforcement with evidence related to this abuse investigation. Jacksonville Times Union report



We are also investigating a complaint in the Holmes County Florida jail.

Case Update

On March 19th, at approximately 3 PM PoliceAbuse.com was contacted by the Florida Department of Law Enforcement. We provided the lead detective with evidence.

This is an active law enforcement investigation.  Because we have reported crimes to the police investigators we will have no further comment until the Florida Department of Law Enforcement completes its investigation. We do not want anything published on our site to interfere with the investigation.

If you have been a victim of abuse in the Clay County jail please call our office 800-473-5097. You may remain anonymous.

Records Request Filed 4/15/2013

Records Request Filed by Policeabuse.com 3/21/2013

Case update March 23, 2013: in response to our records request, the Clay County Sheriff has released the arrest report For Daniel Linsinbigler Jr. though there are no details about the death we believe the report includes the names of the employees on duty. We are continuing our own independent investigation of this jail death.


Update:


May 4, 2013

We have requested the name of a female employee identified as a nurse on the night of Daniel Linsinbigler's death. The Sheriff's office has given us a response to our records request. However we have asked for clarification regarding access to records. We will make our findings public when the records we are seeking have been obtained.

Update- Clay County Clarifies Response to Request

Clay County by Policeabuse.com

Policeabuse.com-Daniel Linsinbigler Reports-Clay County Homicide by Policeabuse.com

Chattanooga Tennessee police-Officers Fired

Chattanooga Tennessee police misconduct or police to the rescue? We still believe the force was excessive despite the fact that the officers were coming to the rescue of another person.

Sunnyvale Police Department-"it's just a clerical error."

Our client Doug McMillan is a consulting criminal justice professional, but he is no longer employable in his field of work. A police department's negligence has cost him his career and perhaps his family. Doug is losing his home and has filed bankruptcy after a string of failed job interviews. 5 years after it was entered in error, Doug found  that he had been wrongfully added to a criminal database as a violent offender. Doug has never been convicted of any crime. Policeabuse.com is working to clear his name. We are seeking support in pursuing legislation that will prevent similar abuse from happening to anyone else.

Unfortunately Doug is not alone. Other reports:

Oakland Police

NBC Today Show on Problems with Criminal Databases

The National Association of Professional Background Screeners

response to the NBC Shows report

Mike Nichols Attorney by Policeabuse.com

Inmate Raped by Jail Staff -Holmes County Florida

Holmes County Jail Rape Investigation from Diop Kamau on Vimeo.

 A Florida Inmate named Dale Clacks Also Known as Dale Castro was raped earlier this year by inmates in the Holmes County Florida jail. The rape was facilitated by a Florida correctional officer named Joel Patrick. Capt. Patrick opened the door for the inmates and encouraged them to engage in the sexual assault of Castro. Capt. Patrick believed that Castro was guilty of a sex crime. In addition to opening Castro's cell for the other inmates who later raped him, Capt. Patrick force Castro to drink urine from a toilet. Capt. Patrick was arrested after we filed a complaint with the Holmes County jail. We want to know why he has not been charged as an accessory to rape. Follow this story on policeabuse.com

PoliceAbuse.com has obtained a copy of the investigation of deputies employed by the Holmes County Sheriff office. As a result of our complaint the Sheriff's office initiated a criminal investigation which was turned over to the Florida Department of Law Enforcement. The correctional officer was arrested on April 1, 2013 and charge with criminal battery on an inmate.

Among the allegations confirmed through investigation are a series of abusive acts amounting to torture and humiliation rituals. The victim of the attacks was an inmate presumed to be guilty of a sex crime. The jail staff notified inmates of the sex crime and encouraged them to assault the inmate victim. The victim was also forced to drink urine and brush his teeth with a toothbrush after scrubbing a toilet. Our investigation is continuing.

Holmes County Deputy Fired by Policeabuse.com

The initial interview

Followup interview

Officer Carole Romero Ga. Health Sciences Police

Factual summary:

Marlene L. Grant is a 60-year-old African-American woman. Ms. Grant is a retired corrections officer. Ms. Grant receives food stamps and monthly living support. She lives in a retirement community. Mrs. Grant volunteers at a local church community center. Ms. Grant has no history of drug use and she had no criminal record until the incident described in this report. Ms Grant was on her way to volunteer at a "help the homeless," event at church nearby when she was approached by Officer Carole Romero.

 

On March 24, 2012 at approximately 9:00 AM Ms. Grant left her home to walk to the nearby church located approximately 1 mile away. She was unarmed with the exception of a small pocket knife she carries to assist her with her task at the community center and at home. As Ms. Grant crossed through the Georgia Health Sciences campus she was approached by a police officer later identified as Carole Romero. According to Ms. Grant and police reports the officer made contact and began to question Ms. Grant. According to police affidavits Ms. Grant was uncooperative and refused to answer the officer. In my interviews with Mrs. Grant she reports that the officer stopped her three times never providing a reason for the stop. Ms. Grant assumed she was free to go and she continued walking. According to Ms. Grant she was not attempting to break any laws. She was simply exercising her right to leave the area as she had committed no crime and she was late for an appointment at the local church where she was scheduled to do volunteer work for the homeless.

According to Officer Romero, Ms. Grant became combative and had to be subdued with the assistance of the second officer named Zizzamia. The officers claimed that Ms. Grant resisted arrest and bit Officer Romero. Ms. Grant was arrested for obstructing justice and assault on a police officer. Mrs. Grant disputes the officer’s account of the incident. In a series of interviews she explained that she never attacked the officer but only continued walking. She said that Officer Romero attempted to tackle her and with the assistance of Officer Zizzamia, she was thrown to the ground and body slammed. She also reports being tasered multiple times while on the ground. She was knocked unconscious by the assault of the officers.

Analysis

I have been asked to review available records and assess the arrest and the use of force by officers Romero and Zizzamia. My assessment will be based on my experience as a police officer and patrol supervisor. I have made more than 300 arrests. My experience as a detective will also be used to assess the conduct of the officers as it relates to Ms. Grant. My assessments will also be inclusive of International Association of Chiefs of Police standards regarding subject stops, use of force and field interviews.

Opinions and conclusions

After reviewing police affidavits, medical reports witness statements and other records it is my opinion to a reasonable degree a professional certainty that there are problems with this arrest and that the force used appears to be excessive.

Citizens are entitled to freedom of movement. Police officers may engage citizens for questioning when there is a legitimate law enforcement concern or a public safety matter. Short of that, police officers must have a good reason for contacting or detaining anyone. My review of the available records demonstrates that the officer made several errors in this contact. The most obvious concern is that there appears to be no underlying crime. Though Marlene Grant was arrested for obstruction and illegal possession of a weapon (a pocket knife), she was perfectly within her rights to walk through the MCG campus so long as she did not disturb anyone or enter a restricted area. An officer who is curious about someone's activities must first have probable cause basis for detention. There appears to be no basis for the contact Officer Romero initiated with Marlene Grant. Though the officers later learned that Ms. Grant had a pocket knife they did not know that when they approached Mrs. Grant initially. What the officers found later is irrelevant to the basis of the stop. Inquiring about Marlene Grant’s status as a student is not demonstrably tied to any legitimate law enforcement function in the officer’s report. Was there a crime in the area? Did someone impersonating a student do something that caught the officer’s attention? These questions are unanswered by the officer’s police report and subsequent affidavits. It appears that Marlene Grant was a stopped purely based Officer Romero’s concern that she was not a student. There is nothing else supporting this contact in the officer’s police report. Moreover as an officer it is my experience that in such a circumstance Marlene Grant would be entitled to continue walking until told that she was being detained or placed under arrest. According to Ms. Grant she was never given a reason for being stopped. Indeed, Ms. Grant believes that she was the target of racial profiling.

According to Ms. Grant and the police report there was no crime that Ms. Grant was suspected of committing when Officer Romero approached her. The time of day, 9 AM is not normally associated with high rates of criminal activity. Indeed it was broad daylight and there was no reason to assume Ms. Grant was doing anything but walking. She had no obligation to submit herself to a stop without some probable cause described by the officers. There appears to be no probable cause laying out justification for this contact in the officer’s affidavits.

I've investigated more than 8000 complaints of police misconduct. Based on my experience police officers often charge citizens who they have hurt or injured with assault or resisting arrest. The charge protects the officer from allegations of excessive force. If the officer was defending himself or herself from attack whatever force they used will likely be justified. Marlene Grant reported being tasered nearly a dozen times in her buttocks area. She had injuries sustained all over her body from the attack by the officers. According to witnesses the assault by the officers has had a dramatic impact on Ms. Grant’s health. The coordinator at the church who was waiting for Ms. Grant said that she has suggested that Ms. Grant discontinue volunteering or reduce her community service substantially because of her injuries. The church volunteer coordinator told me that prior to this assault Ms. Grant was a healthy and vibrant woman. After her assault by the officers and her jail incarceration for five days Ms. Grant is a diminished woman physically and mentally. The coordinator told me that Ms. Grant is unable to perform many of the tasks she was able to do prior to the attack by the officers. I have included this witness’s account because it is consistent with what Marlene Grant told me about the severity of the assault by the officers.

Use of force

Police officers are entitled to use force to overcome resistance and to secure public safety. If an officer is threatened, or if the suspect is resisting, officers are trained to use force sufficient to overcome the resistance. Police officers are not entitled to use more force than is necessary. In this matter, Marlene Grant was walking through an area legally when she was confronted by Officer Romero and later a second officer named Zizzamia. Given Marlene Grant's age and other facts, it is my opinion that two police officers using the amount of force described under the circumstances were improper. There is nothing in the officer’s affidavits to support the use of the Taser on a 60-year-old woman in the manner described by Marlene Grant. The fact that there was no crime being committed prior to the assault by the officers makes the use of force more doubtful. Moreover, the claim that a sixty year old woman on her way to volunteer at church attacked two police officers for no reason is dubious. It is my opinion that the charges made against Ms. Grant may be inflated to protect the officers from criminal or civil liability for their actions.

Based on the information contained in the officers affidavits Marlene Grant's testimony and my interview with witnesses it is my professional opinion based on my training and experience as a police officer that the force used against Marlene Grant was excessive and that the police officers had no basis to contact Ms. Grant.

Materials Reviewed

 In preparing my report, I reviewed the following materials which are commonly examined in any area of expertise and rendering professional/expert opinions on police practices.  

Police reports

Previously Obtained Witness Statements

Private Investigative Report

Photographs of the arrest location

Route Traveled by the complainant

International Association of Chiefs of Police Model Policies in the following areas:

Use of Force

Subject Stops

Field Interviews

General Standards of Conduct

Opinions and Conclusions

After reviewing the aforementioned records, court testimony, law enforcement policies and witness statements I am prepared to render a professional opinion. It is my professional opinion based on my training and experience as a police officer that probable cause did not exist to make a subject stop, search and arrest.

Again, I reserve the right to amend or supplement this report should any other relevant information become available to me.

Cases I have been retained as an expert in past 5 years:

Lateef Al-Saraji and Theresa Al-Saraji V. City of Dallas, Police

Carney V. City of Raynham

Feliciano V. Suffolk County

Additional Evidence:
Evidence video covering my review of evidence approximately 15 minutes

Compensation: $7500 Expert Opinion
I charge a fee of $750.00 per day for trial testimony excluding travel fees

The officers reports

Original Report on Marlene L Grant-April 24 2012 by Policeabuse.com

Marlene Grant Lawsuit by Policeabuse.com

Ga. Trooper Justin Tabor

If you have been directed to this page after clicking a link in our newsletter you were transferred to the wrong page. We regret the inconvenience. Relevant links for the story you were diverted from can be found here:

Our investigation

PoliceAbuse.com also supplied a local news reporter, Karen Hensel, with all the evidence we had collected on Chris Gill.

WISHTV - New information in Danville officer case

U.S. Marshals arrest Danville cop at airport

WISHTV - Town fires police chief, declares 'time for change'

Larry Merenda came to Policeabuse.com in 2009 after he was attacked by a Ga. State Trooper. The Trooper attacked Merenda after he used a curse word.

How it started.

Larry's daughter was being followed by Trooper Tabor. After the trooper turned on his emergency lights Larry's daughter pulled into her dad's business parking lot. Larry told the trooper that his daughter had financial problems. He asked if the officer could give her a break. After the officer made an insulting remark Larry responded with his own insult and turned to walk away. The trooper put Larry in a wrist lock restraint hold and arrested him for the insult. 

Is it illegal to insult the police? A federal court says no.This month a federal court refused to release the trooper from a federal lawsuit filed by Larry for the arrest. Many people would be surprised to know that Larry comes from a law enforcement family. His dad, brothers, and nephews are police officers

Ga. Trooper Justin Tabor

Appellate Court rules Trooper not immune for assault of Policeabuse.com client by Policeabuse.com

Officer Smith abuse of the disabled