Wheelchair user sues Sheriff's Dept., says he was beaten and had his wheelchair taken

From The Tribune in San Luis Obispo, Calif.:

A disabled man is suing the county Sheriff’s Department, claiming jail guards used excessive force by taking away his wheelchair and beating him while he was in custody, and that areas of the facility are not accessible to inmates in wheelchairs.

Gary Lee Boyer, who has multiple sclerosis and other medical conditions, alleges he was beaten at the County Jail on May 7, 2007, when he was booked on suspicion of battery against a law enforcement officer, according to court records. A jury found him not guilty on Feb. 15.

Multiple sclerosis is a degenerative condition in which the body’s immune system attacks the central nervous system, often causing a variety of physical disabilities.

Boyer is suing the county, the Sheriff’s Department and two custody officers for allegedly violating his civil rights, using excessive force, subjecting him to cruel and unusual punishment and assaulting him, according to the lawsuit filed July 15 in San Luis Obispo County Superior Court.

Boyer claims the defendants violated the federal Americans With Disabilities Act and the Disabled Persons Act, according to the lawsuit.

He said the county negligently hired the two correctional officers and inflicted emotional distress on him, according to the lawsuit. He is asking for an unlimited amount of compensation.

Sheriff’s Department officials argue the County Jail meets disabled-access standards and passed a recent state review by the state Department of Corrections and Rehabilitation of the jail’s practices and procedures.

They would not comment on the specifics of the case, including the alleged excessive use of force, citing that the litigation is pending.

Boyer, who said he is unable to walk, was told by guards to walk into his cell because it could not accommodate his wheelchair.

“When (Boyer) responded that he could not, (a jail guard) physically and violently removed him from his wheelchair using excessive force,” according to the lawsuit.

“(The jail guard) yanked (Boyer) out of his wheelchair, spun him around, turned him and violently let him go,” the lawsuit states.

The lawsuit describes the guard allegedly punching Boyer in the ribs, jumping on him and claiming he was faking his disability. A second guard allegedly participated in the beating. Boyer was housed for five days without his wheelchair, and his cell did not have transfer bars to move from the bed to the toilet, according to the lawsuit.