Wade was in the restraint chair but not fully strapped in when the pepper spray was applied, according to the video. He was brought to the jail after his arrest for suspicion of operating a vehicle under the influence of alcohol or drugs.
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Wade on Tuesday filed a lawsuit in Dayton’s U.S. District Court, claiming the jail employees’ actions were improper and a violation of his civil rights. It’s the eighth active federal lawsuit alleging wrongdoing against Montgomery County Sheriff Phil Plummer’s office.
Wade’s attorney, Douglas Brannon, wrote that his client’s fear of the restraint chair was based upon the jail’s “well-earned reputation for having a pattern and practice of using excessive force against its pretrial detainees.”
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Brannon listed several cases alleging improper conduct by jail employees, including Amber Swink, who was pepper-sprayed while in a restraint chair by then-Sgt. Judith Sealey, who is on leave pending investigations. Swink also is represented by Brannon, who obtained a video of Swink being pepper-sprayed that attracted national media attention.
“There’s no discipline being administered to any of the corrections officers or any of the sergeants for the wrongful conduct,” Brannon said Tuesday. “That needs to change.”
RELATED: Video shows inmate pepper-sprayed while in restraints
The Montgomery Count Board of Commissioners recently called for a U.S. Department of Justice investigation into allegations of civil rights abuses at the jail.
Plummer, a Republican and chair of the Montgomery County GOP, said the call for a federal investigation is political. The three county commissioners — Dan Foley, Debbie Lieberman and Judy Dodge — are Democrats.
Plummer didn’t respond Tuesday to messages seeking comment about the newest lawsuit. His office said it doesn’t comment on pending litigation.
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At a press conference last week in response to the commissioners’ call for a federal investigation, Plummer said pepper spray is a tool used so five corrections officers don’t have to use physical force.
“We believe the individual was fighting with the officers,” Plummer said, alluding to the Wade case. “And if you would just comply, we wouldn’t have that situation, OK? My officers have to go home to their families and their loved ones. We don’t pay them enough to fight people like that in that jail.”
The suit names as defendants Plummer, Sgt. John Eversole, Joshua Lightner, former Maj. Scott Landis, the Montgomery County Board of Commissioners and other John and Jane Does.
The video, obtained from the sheriff’s office through the Ohio public records law, shows Wade head-butt the wall and a blue mat pad on the wall before he is restrained and placed in the chair by five jail employees.
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Wade was then pepper-sprayed by Eversole, who wrote in his report that “the spray did not have an immediate effect” and that Wade “briefly freed his left hand” and resisted. Eversole deployed a second burst, causing Wade and several jail employees to cough as Wade repeatedly says, “I can’t breathe.”
Wade remained in the restraint chair from 4:46 a.m. until 7:24 a.m., in part because Wade was yelling, “I’m being denied my constitutional rights” and for “continued disorderly behavior,” the incident report says.
At one point Eversole threatens another inmate who was banging on a cell door saying, “You’re next. You keep it up. You are next.”
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