Brendan Coleman
Placer County Tort Claim
January 6, 2017
I.

Factual Basis of Claim
On July 14, 2016 at approximately 10:30 pm, I was driving home to Folsom

from Grass Valley. I became very sleepy while driving, so I pulled off the road and
into a parking lot of the St. Joseph Marellos Catholic church in Granite Bay to take
a nap. After parking in the church parking lot, I got out and went into the back of
my truck to rest. I was there just a few minutes when bright lights were shown into
my truck. I got my wallet, phone and keys and got out of the truck. I saw two
Placer County Sheriff’s deputies get out of their cruiser and approach.
The Deputies asked what I was doing and I told them I had stopped to rest
because I was falling asleep driving. They asked if I was alone, if I had been
drinking or using drugs, and if I had any weapons. I told them I was alone, that I
had not been drinking or using any drugs, and that I did not have a weapon. The
deputies then asked for my ID, which I gave them. The officer (the shorter of the
two and subsequently identified as Deputy M. Spencer) said he needed to search my
vehicle. I said “ok”. Deputy Spencer then came up to me from the front and the
other deputy (subsequently identified as Deputy Miller) stayed near the cruiser. I
asked if I was being “detained” and Deputy Spencer said “you most certainly are”. I
asked him what I was being detained for, but neither Deputy responded.
I asked again why I was being detained. I told them I was cooperating fully
and had allowed a search of my truck. Deputy Spencer then answered on
“suspicion”. I asked on suspicion of what? Neither deputy responded, but Deputy
Spencer shined his light in my face and ordered me to step in the direction he was
pointing. I did this. Deputy Spencer then asked me to move back and closer to my
truck. I complied. Deputy Spencer several times looked into my vehicle, but found
nothing. Finally, Deputy Spencer came back over to me. Deputy Spencer then told
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 Deputy Miller to “arrest him” and Deputy Miller then grabbed my arm, twisted it,
and forced me to the ground, face down.
I was frightened at having been taken to the ground for no reason. I asked
the Deputies why they were doing this to me. I got no response. Deputy Spencer
then began talking over his radio (a small unit attached to his shirt). Deputy Miller
placed his knee on my back. Deputy Spencer then also came down on top of me and
I was hand cuffed. While he was cuffing me, Deputy Spencer told me to stop
resisting. I said how can I be resisting, I “can’t even move”.
Deputy Miller then started to pick me up (hand cuffed behind my back) and I
cried out in paid because of the twisting motion which stretched my back. [I have
had a herniated disk with injury to my sciatic nerves since 2007.] Not only did I
experience severe pain, the nerve that controls my bowel spasmed and I had an
uncontrolled bowel movement. In addition, I felt paralyzed and could barely move.
Deputy Miller backed off momentarily, but then Deputy Spencer said we are not
waiting and commanded Deputy Miller to get me up. I was in severe pain at this
point and I could not move quickly. I was placed into the back seat of the patrol
vehicle. I was in serious pain and crying out because the hand cuffs were on too
tight and my back was in a bad position. The Deputies drove their cruiser at high
speed to the jail, doing approximately 65 in a 45 mph zone. I asked them to slow
down, but they ignored me.
During the ride to the jail I again asked why I had been arrested and what I
was being charged with. Deputy Miller then read to me from a laminated card.
When he was asked if I understood, I said “no” because neither deputy had told me
why I was being arrested.
During the ride I complained several times about the hand cuffs being too
tight on my wrists and that I was in pain from how I was placed into the vehicle.
When we arrived at the jail there were approximately seven Deputies waiting
for us. Deputy Spencer and Miller got out of the car and said to the deputies from
the jail “he is all yours boys”. A tall and strong guard with a shaved head came
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 over, opened the back door and hooked his arm into my cuffed arms to pull me out
of the car. I told this deputy that I had a herniated disk and I was not able to move
left leg because it was numb. This deputy got impatient and just pulled me out of
the car. Hobbling on my one leg, another deputy assisted me. However, while this
deputy assisted me, he mocked me to imply that I was faking my condition. I then
told them again about my back and nerve problem, but they just pulled me up and
then two of them got me through the door to the jail.
During the intake process (which took about 15 minutes ) there were
multiple occasions when the deputies pulled up on my arms, which were still
handcuffed behind my back, and I cried out in pain. The deputies not only ignored
this, I was mocked by them, in particular by a female deputy who appeared to be in
charge. I remember crying out in pain while cuffed and seated and again as they
were taking me out of the intake area.
I was placed in a solitary cell (subsequently identified as cell 33). The female
deputy told the others to put me into the corner of the cell next to the urinal where
there were feces and blood on the floor. I was ordered to get down on my stomach
(with my hands still hand cuffed behind my back). As I tried to do this, I was told
to put my face on the ground. At this time I was on my knees and leaning forward.
A deputy on my right then pushed my face the rest of the way to the floor with my
head next to the urinal. The same deputy (a male) then kicked me in the ribs on my
right side and drove his knee into my upper middle back. He got up, adjusted his
position and then drove his knee into my right shoulder. The female deputy in
charge then yelled out that they had told me to get on my stomach. Two other
deputies, one on each side, grabbed my ankles and pulled them back so my knees
were pulled back and I fell flat on the floor (I was still hand cuffed). The deputy on
my let then bent over and removed the left handcuff, but then raised my other arm
over my head. I called out, begging him not to break my arm. The deputy on the
right removed the cuff from my right arm (while his knee was in my back). The
deputy on the right then placed my hands on the back of my head and my feet to the
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 middle of my back, like I was hog tied. I was told not to move until I hear the door
slam.
When I heard the door slam shut, I did not try to get up – I was too afraid
and in too much pain. After a couple of minutes I was able to slowly pull my self
up. There I was, barefoot, in my shorts, bruised and in pain, filth all over my
clothes and face. I was in this cell by myself for about 6-7 hours. Finally, someone
gave me a pair of socks and moved me to a room that was a holding room with other
detainees. I was finally able to make a phone call at about 7-8 am. I was never told
what I was charged with. I was able to call to arrange bail for $5,000. While I
waited for the bondsman, I asked the nurse (an older female) to look me over and to
take my statement about the injuries I had sustained. The nurse wrote some things
down. I was released after 16 hours at about 4:00 pm on July 15, 2016.
I was given a ride by the bail bondsmen to my truck. I then drove to the VA
hospital in Mather. I gave a statement about what happened to the VA police and
then to the doctor and nurse. My injuries are documented in my medical records.
II.

Legal Basis of Claims
The following list of legal claims is not intended to be exhaustive, but to

provide Placer County with reasonable notice about possible legal causes of action:
1.

Deputy Spencer and Deputy Miller used unnecessary and excessive

force in detaining me, arresting me, and in transporting me to the Auburn County
jail in violation of my rights under the Fourth Amendment to the U.S. Constitution.
2.

The female and male deputies (names unknown at this time) at the

Auburn County jail used unnecessary and excessive force during the “intake”
process at the Auburn County jail in violation of my rights under the Fourth
Amendment to the U.S. Constitution.
3.

The female and male deputies (names unknown at this time) at the

Auburn County jail used unnecessary and excessive force when they placed me into
“cell 33" and then battered me in “cell 33" at the Auburn County jail in violation of
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 my rights under the Fourth Amendment to the U.S. Constitution.
4.

Deputy Spencer and Deputy Miller assaulted and battered me when

they detained, arrested, and transported me to the Auburn County jail under
California law.
5.

The female and male deputies (names unknown at this time) at the

Auburn County jail assaulted and battered me during the “intake” process at the
Auburn County jail in violation of California law.
6.

The female and male deputies (names unknown at this time) at the

Auburn County jail assaulted and battered me when they placed me into “cell 33" at
the Auburn County jail in violation of California law.
7.

Deputy Spencer and Deputy Miller made an unlawful (aka false)

arrest upon me in violation of both California law and my rights under the Fourth
Amendment to the U.S. Constitution.
8.

The female and male deputies (names unknown at this time) at the

Auburn County unlawfully imprisoned me when they placed me into “cell 33" at the
Auburn County jail in violation of California law.
9.

Deputy Spencer and Deputy Miller use of unnecessary and excessive

force and their unlawful (aka false) arrest in violation of the Fourth Amendment to
the U.S. Constitution was a violation of my civil rights under California law,
including without limitation, the California Constitution and my civil rights under
Civil Code 52 et seq..

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 III.

Damages
I have sustained general and consequential damages, including but limited

to, physical, psychological and emotional injuries and pain and suffering resulting
from the actions I have described above. I have also incurred legal costs and fees.
At this time I do not have a complete estimate of my actual damages, but they will
be in excess of the $25,000 damage requirement for an unlimited civil action.

Respectfully,

January ___, 2017

__________________________
Brendan Coleman

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