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Lumpkin v. Yanes

United States District Court, W.D. Washington, Seattle

July 11, 2019

ROBERT J. LUMPKIN, Plaintiff,
v.
HECTOR YANES, et al., Defendants.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE

         This 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.[1] 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:

         I. FINDINGS OF FACT

         1. On November 14, 2017, Plaintiff Robert Lumpkin was incarcerated at the Snohomish County Jail.

         2. Plaintiff testified that, on November 14, 2017, he was a pretrial detainee.

         3. 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.

         4. On 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.

         5. Plaintiff was dilatory in packing his belongings and became aggressive with Defendant Sigh.

         6. Plaintiff is 6'5” tall, and Defendant Sigh is 5'2” tall.

         7. 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.

         8. Defendants determined that Plaintiff needed to be handcuffed for the transport.

         9. 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 for transport.

         10. Plaintiff placed his hands behind his back and through the cuff port.

         11. After Plaintiff put his hands through the cuff port, Defendant Yanes held Plaintiff's right hand and Defendant Acheampong held Plaintiff's left hand, ...


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