A Black inmate in custody is pursuing legal action against a sheriff’s office in Washington state after an incident in which he was forcefully handled. The lawsuit, filed in federal court, claims that excessive force was applied during an encounter in the Clark County Jail in 2021, which was recorded by multiple security cameras. The incident allegedly resulted in various injuries including cuts, bruises, and significant emotional distress for the inmate, O’Neal Payne.
Attorney Alicia LeDuc Montgomery, representing Payne, described the treatment he received as “inhumane” and labeled it a “vile abuse of power.” She emphasized that the goal of the lawsuit is to bring attention to these inhumane practices and seek accountability for those responsible. The Clark County manager’s office, which took over jail operations from the sheriff’s office in 2023, has refrained from commenting on the case due to its ongoing judicial status, according to spokesperson Joni McAnally.
Previously, former Sheriff Chuck Atkins acknowledged the seriousness of the situation, insisting that such use of excessive force would not be tolerated within the department. After viewing the security footage of the incident, he expressed distress over what he observed. Following this, he placed deputy Robert Hanks, who was primarily involved, on administrative leave and urged prosecutors to consider potential charges, initiating an internal investigation.
The Vancouver City Attorney’s office later decided not to pursue criminal charges against Hanks, allowing him to return to his position in the sheriff’s office, as reported in 2023. Questions regarding any potential disciplinary measures against Hanks or his availability to comment on the civil rights lawsuit went unanswered by the sheriff’s office.
At the time of the incident, Payne was being held in the maximum-security section of the jail due to prior behavioral issues and was under surveillance regulations requiring a higher ratio of deputies. He was facing charges linked to commercial sex abuse at that time and was later convicted. According to the security footage, he was seen waiting in his cell, handcuffed behind his back, when three deputies entered to collect meal containers.
Reports indicate that Hanks aggressively pushed Payne into the bunkbeds of the cell, causing him to hit a wall and subsequently fall face-first onto one of the beds. Two deputies later brought in a red rope, which they used to attach to Payne’s handcuffs. They then pulled Payne backward using the rope, and once he was restrained up to his armpits, they left the cell without offering him any medical assistance.
In March 2022, the sheriff’s office referred the case to county prosecutors, who subsequently passed it on to the city attorney’s office. The city attorney’s office ultimately decided against filing charges, citing a lack of evidence supporting criminal behavior. Meanwhile, the internal review by the sheriff’s department found that the accounts from that day were lacking in detail and did not accurately represent the degree of force seen in the video footage, concluding that the actions appeared excessive and potentially criminal in nature.
