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Monday, February 17, 2014

Lawsuit against Wake sheriff claim assault and discrimination

Devaughn Holmes, who has filed a lawsuit 
against Wake County Sheriff Donnie Harrison. 
Holmes, 38, claims he was the victim of an assault 
by detention officers at the Wake County jail
 that left one of his arms permanently disabled.

RALEIGH — As a Wake County detention officer awaits trial on manslaughter charges after the death of an inmate in June, two lawsuits filed in Wake County charge misconduct by other officers in the jail.

One suit filed in June claims that Devaughn Dennell Holmes, 38, of Fuquay-Varina was held at the jail in 2010 on a warrant that did not exist and was attacked by detention officers during an unauthorized strip search, leaving one of his arms permanently disabled.

The Holmes suit stems from his arrest on Sept. 27, 2010, when he says two Fuquay-Varina police officers showed up at his door and told him he was a wanted fugitive from Maryland, according to his lawsuit.

Holmes was taken to the Wake County jail, where he was subjected to a strip search by the facility’s medical workers, according to the lawsuit. In an affidavit filed with the suit, Holmes says detention officer Michael Hayes gave him jail garb, including a pair of “used and worn underwear which were soiled.”

Holmes said that when he asked Hayes for a clean pair, the detention officer used profanity and threatened him.

Holmes asked to speak with Hayes’ supervisor. Hayes denied his request. “Subsequently, without provocation from Holmes, Hayes and other detention officers wrestled Holmes to the ground,” according to the affidavit

Holmes said Hayes slammed his face into the floor. He claimed he was being beaten by the other detention officers while Hayes forced his knee down on his upper right arm and pulled his forearm backwards until his elbow snapped and broke.

Holmes blacked out. When he regained consciousness, he was handcuffed and alone in a jail cell. Holmes said he repeatedly asked for medical treatment for his elbow. He says his request was denied for at least two hours before the officers who attacked him took him to a nurse, who told Holmes that she could not treat him unless the officers approved. They did not, and Holmes stayed in his cell until the next day when he was released and taken to Rex Hospital, where he was diagnosed with a broken elbow, according to the lawsuit.

The case against Holmes was dismissed Dec. 23, 2010, by the district attorney’s office for lack of a fugitive’s warrant from Maryland.

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