By Joy Lukachick
Chattanooga Times Free Press
CHATTANOOGA, Tenn. — An inmate in Whitfield County, Ga., claims in a handwritten lawsuit that he suffered “human degradation and humiliation” when he was forced to strip and remain naked for 12 hours in the county jail.
David Bennett, 42, is suing Whitfield County Sheriff Scott Chitwood and six officers, claiming he and 26 other inmates were forced to remain naked for hours and rub an anti-lice cream on their bodies.
Bennett is asking for $5 million in punitive damages, citing the Civil Rights Act of 1983.
Chitwood said Monday that the jail did have an outbreak of lice when Bennett was there in October 2010, but that there was “no merit” to his complaint. He referred other questions to County Attorney Robert Smalley.
“It’s fair to say whatever they did was in the best interest of trying to prevent a large-scale outbreak,” Smalley said.
He said the county still is investigating the complaint, but all clothes that could be infected by lice must be properly cleaned to make sure the infestation doesn’t spread.
Bennett said he and his cellmate weren’t told why they had to stay undressed in their cell as they shook from the cold in temperatures around 50 degrees, according to the lawsuit filed in U.S. District Court in northern Georgia.
Each time the men would ask an officer for their clothes, they were told to wait a little longer, the lawsuit states. Several officers also mocked the men for being naked, according to the suit.
Records show Bennett was in jail at the time on charges of selling methamphetamine, using communication facilities in drug transactions, giving officers false information and violating probation.
After Bennett was released from jail in October, he filed two prisoner grievance complaints, the lawsuit states.
When Bennett questioned Capt. Wesley Lynch, who is head of jail operations, about the complaints, he was told disciplinary action had been taken against several officers who “had ignored a direct order,” the lawsuit states.
Smalley said he didn’t know if any officer was disciplined after the incident, but he said the county is investigating whether anyone acted inappropriately.
“Obviously, that would be a concern if that truly occurred,” he said.
Bennett has been in and out of jail 35 times since 1999 for various counts, including drug charges, probation violations and fraud, sheriff’s records show.
On Monday, Bennett pleaded not guilty to the charges in October and faces a possible trial date on March 14, according to a court official.
Copyright 2011 Chattanooga Publishing Company