United States District Court, W.D. Washington, Seattle
ROBERT J. LUMPKIN, Plaintiff,
HECTOR YANES, et al., Defendants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
C. COUGHENOUR, UNITED STATES DISTRICT JUDGE
matter was tried before the Court on July 1, 2019. (Dkt. No.
114.) Plaintiff brings a claim for excessive force under 42
U.S.C. § 1983. Following a bench trial and pursuant to
Federal Rule of Civil Procedure 52(a), the Court makes the
following findings of fact and conclusions of law:
FINDINGS OF FACT
November 14, 2017, Plaintiff Robert Lumpkin was incarcerated
at the Snohomish County Jail.
Plaintiff testified that, on November 14, 2017, he was a
Defendants submitted a declaration indicating that Plaintiff
was incarcerated on November 14, 2017 due to a community
custody violation, arising out of a previous conviction.
November 14, 2017, Defendant Snohomish County Jail
Corrections Deputy Shari Sigh was tasked with transporting
Plaintiff to a maximum security module because Plaintiff had
threatened to kill his cellmate. Defendant Sigh went to
Plaintiff's cell and directed him to pack his belongings.
Plaintiff was dilatory in packing his belongings and became
aggressive with Defendant Sigh.
Plaintiff is 6'5” tall, and Defendant Sigh is
Defendant Sigh left Plaintiff's cell to go talk to
Defendant Corrections Deputies Hector Yanes and Boakye
Acheampong about Plaintiff's behavior and how they should
handle the situation.
Defendants determined that Plaintiff needed to be handcuffed
for the transport.
Defendants went to Plaintiff's cell door and instructed
him to turn around and place his hands through the cell
door's cuff port so that Plaintiff could be handcuffed
Plaintiff placed his hands behind his back and through the
After Plaintiff put his hands through the cuff port,
Defendant Yanes held Plaintiff's right hand and Defendant
Acheampong held Plaintiff's left hand, ...