Ex-Inmate, Alleging Beatings, Lodges Claim Against County

Orned (Chicken) Gabriel filed a claim Friday against San Diego County, alleging that he was the victim of an “unlawful, unprovoked and vicious attack” by jail deputies in El Cajon that has left him with permanent spinal injuries.

The claim, which asks $2 million, also charged that jail officials never provided him proper medical attention after the alleged beating in March.

The Gabriel assault allegation triggered dozens of similar allegations this spring from other inmates who said they too were beaten by deputies in the crowded county jails. The allegations are being investigated by federal and county grand juries.

Gabriel, 38, was released from jail last week. His personal physician is now studying his injuries to determine whether there was permanent damage aggravated by a lack of medical attention in jail.

“I’m in the process of evaluating him,” said Dr. Rodney G. Hood. “My examination showed he has some tenderness but it doesn’t really reflect whether it came from the assault or from a lack of care. I’m waiting on X-rays.”

Recommended Medical Care

Hood first examined Gabriel shortly after the alleged assault on March 29. At that time, he found Gabriel’s injuries to be “consistent with” a beating, and he recommended that Gabriel be given physical therapy and medication in jail. But Hood said he did not know whether any of the medical care was provided.

Betty Wheeler, legal director of the local American Civil Liberties Union chapter, said Gabriel’s allegations of inadequate medical care in the jail fit a pattern of poor medical treatment reported to her organization in interviews with dozens of inmates.

“Regularly, what we hear from people is that their medical visits are very cursory,” she said. “They say that they see the doctor for extraordinarily brief periods of time and they don’t perceive that they are getting effective or adequate medical care.

“It’s pretty much an operating assumption of ours that it is due in part because of the tremendous overcrowding and the fact that the jail medical staff is quite small given the size of the inmate population.”

In the Gabriel case, Wheeler said, she believes that he was never provided medical care after the alleged assault by deputies.

“There had to be phone calls made even to get pain medication for him and other things,” she said. “I know I made a couple of those calls.”

Officials in the Sheriff’s Department declined to comment about the Gabriel case, noting that it is now in litigation and that it is also being reviewed by the two grand juries.

Thomas L. Brown, county claims supervisor, said Friday he had just received Gabriel’s claim.

“I couldn’t comment,” he said. “I haven’t talked to the sheriff’s Internal Affairs unit or anything. I really have no facts about this case.”

Claims Jailers Denied Help

Gabriel, who was in jail for non-payment of child support, said Friday that he repeatedly asked jail officials for painkillers and the opportunity to undergo physical therapy. But he said his requests were denied. He said he now worries that his career as a martial arts instructor may be in jeopardy because the lack of therapy has left him weakened.

“My torso and back hurts,” he said. “My left leg is swollen up. I’m trying to get some push-ups in and that hurts. I’m doing a little bit of walking and was able to ride a bike yesterday.

“But physically, to be honest, I’m scared. I’m scared because of my profession. I’m coming out of jail and looking for ways to make money and open a new karate school, but now I’m reluctant to do that.”

Gabriel’s claim, filed by the law firm of Melvin M. Belli, asserts that many of his injuries are permanent.

According to the claim, Gabriel suffers “permanent injuries to his spine, permanent injuries to his left leg and back, headaches, dizziness, extreme pain involving the muscles and tendons of both shoulders and his back, a permanent decreased range of motion to his right arm, and extreme and constant pain and suffering.”

The claim also states that Gabriel was purposely taken from his cell by seven or eight deputies “known as the Rambo Squad and the Wrecking Crew” and repeatedly beaten while he lay on the ground with his hands bound behind his back.

“He’s a victim of the Rambo Squad,” Belli said in an interview Friday. “That’s what the jailers are called down there.”

Belli added that his law firm is studying cases of other current and former San Diego County inmates who allege they have been beaten by jail deputies.

“There’s absolutely too much of this happening to be a coincidence,” he said.