- Views & Opinions
A gay military veteran filed a federal suit this week alleging that a jailer sexually assaulted him with a billy club.
In the complaint, the man identified as DL says his attacker asked, “How do you like this, you faggot?” as he committed the assault.
The suit names three defendants – the city of Houston, John Doe Jailer No. 1 and Jane Doe Jailer No. 2.
The alleged incident took place in January 2011.
DL, in the complaint, says that after two people robbed him at knifepoint outside a restaurant, he called 911 several times.
Four Houston police officers arrived to the scene and sent witnesses away, according to DL, who called 911 again and was arrested for telephone harassment.
He was booked and taken to the Houston city jail, where he “declared” his homosexuality. The complaint states that a sign at the jail encourages gays to come out to be segregated from the general population.
DL says he then was harassed by several jailers and that John Doe Jailer No. 1 removed him from his cell, took him around the corner, stripped his clothes off and knocked him to the ground with a billy club.
Allegedly Jane Doe Jailer No. 2 stood by, watching and laughing, as Jailer No. 1 kicked DL, hit him with the club and then sexually assaulted him with the weapon.
Jailer No. 1 then, according to the complaint, lifted DL from the ground using the handcuffs and placed him in solitary confinement, where he was denied medical treatment.
DL says he reported the assault to the Houston Police Department’s internal affairs division and the local district attorney took the complaint to a grand jury, which did not indict the jailers.
The federal complaint states that jail video is missing or was erased, but one segment shows DL visibly shaken and collapsing after being taken to a cell.
He is seeking punitive damages for assault, battery, excessive force, due process violations, cruel and unusual punishment, sexual assault, wrongful use of medical treatment, conspiracy, false arrest, false imprisonment, abuse of process, intentional infliction of emotional distress, negligence and gross negligence.
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