A Black man formerly held at the Clark County Jail has filed a federal civil rights lawsuit in connection with a 2021 incident in which deputies pulled him across his cell by a tether. O’Neal Payne’s attorneys filed the suit Jan. 17 in U.S. District Court in Tacoma against Clark County, former Clark County Sheriff Chuck Atkins and several corrections deputies, including Robert Hanks. The complaint alleges excessive force, negligence, failure to train and failure to provide adequate medical care. A county spokeswoman on Thursday said the county does not comment on pending litigation. A sheriff’s office internal affairs review of the incident found Hanks violated the agency’s use-of-force policy. Internal investigators exonerated the other deputies of any policy violations, according to records included with the complaint. Hanks had been placed on leave during the investigation, but he returned to work at the jail in October 2022. The county would not confirm whether Hanks is still employed at the jail. The Pierce County Sheriff’s Office conducted a criminal investigation of the incident at then-sheriff Atkins’ request. In March 2022, the Pierce County agency sent its investigation to local prosecutors for review of a possible gross misdemeanor assault charge against Hanks. In September 2023, the Vancouver City Attorney’s Office, which handles misdemeanor cases, finalized its decision not to charge Hanks, saying there was insufficient evidence in the case to meet the burden of proof.

Payne’s attorneys said in a news release his treatment during the incident was inhumane and a “vile abuse of power.” “Our client suffered not only physical harm but also emotional trauma due to the actions of those who were supposed to ensure his safety and well-being,” Jordan Taylor, one of Payne’s attorneys, said in the news release. “This lawsuit seeks to hold accountable those responsible for this inhumane treatment and to prevent such incidents from occurring in the future.” Incident About 6:30 a.m. Aug. 13, 2021, deputies attempted to search Payne’s cell, where he was being held in the maximum-security area of the jail, and retrieve food trays, according to a prior Clark County Sheriff’s Office news release. Video released by the sheriff’s office and the firm representing Payne showed Payne handcuffed while deputies entered his cell. At one point, Hanks can be seen pinning Payne against the bed and against the wall before three deputies tackled Payne to the floor. Then more deputies entered with the tether, which they tied to his handcuffs, the video shows.

The deputies then left the cell before they, led by Hanks, pulled the rope through the door slot and dragged Payne across the floor. Deputies continued to pull until Payne’s arms were through the door slot, nearly to his armpits, the lawsuit states. Payne suffered lacerations on his wrists and hands, friction burns, bruising, permanent scarring on his wrists, and mental and emotional stress. He was not offered medical treatment afterward, according to the lawsuit. According to the involved corrections deputies, using the tether was a relatively new tactic at the jail that came with little training. In their interviews with investigators, none of the involved corrections deputies recalled being formally trained on its use, records state. The internal affairs investigation states the sheriff’s office had no formal lesson plan for training on the use of the tether. Instead, sergeants were supposed to instruct deputies on how and when to use the tether, according to the investigation.

“Regardless of any lack of training provided by the department, a reasonable person should assume that a person that is going to be pulled backwards across a room should be given some directions to avoid being injured,” the investigation states. It determined the deputies’ decision to use the tether was not inappropriate, but the way they used it was. “(Internal Affairs) has determined that Corrections Deputy Hanks used an excessive amount of force while pulling on the tether without being able to see the inmate,” the investigation states. “When (Payne’s) hands were pulled through the food flap, other corrections deputies were unable to uncuff (Payne) until tension on the tether was released. Hanks and the other deputies should have slowed down, applied tension to the tether and given (Payne) instructions.”