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Thursday, April 21, 2005

Inmate beaten by another prisoner files claim



After alleged Feb. 1 beating in jail
After alleged Feb. 1 beating in jailENLARGE
Schaf
After alleged Feb. 1 beating in jail
A man who was reportedly beaten up on Feb. 1 by a fellow inmate in the Douglas County Jail has filed a notice of his intent to sue the county for negligence.

Raleigh Jason Schaaf, 30, of Cottage Grove filed the tort claim through his Eugene attorney, Marianne Dugan, last week.

Schaaf was in a holding cell at the jail on the day of the attack, waiting to be transferred to the general population for violating a restraining order that prohibited him from contacting his estranged wife, said Schaaf.

Schaaf was complaining to another inmate about his case when 23-year-old Jeffery Jay Powell Jr. of Sutherlin began to threaten him, according to a sheriff’s office affidavit filed in Douglas County Circuit Court.

“You are complaining about eight days (in jail) when I’m looking at a hell of a lot of time,” Powell is quoted as saying in the court document. Powell was facing multiple theft and burglary charges, according to police.

Schaaf ignored Powell’s threats and continued talking to the other inmate, so Powell jumped down from one of the top bunks and started pacing in the cell. He grabbed Schaaf and put him in a headlock, then proceeded to pound his head into the metal frame of one of the bunks, according to the affadavit.

“He grabbed a hold of one of the ends of one of the bunks and just starts smashing my head into it,” Schaaf said.

Schaaf blacked out. He believes at some point after the attack other inmates in the cell used one of his socks to clean up his blood and then disposed of it down the toilet.

He said he was left lying on a bottom bunk for up to six hours after the attack, without receiving any kind of medical treatment for his injuries.

When he was asked what had happened, he told deputies he’d fallen and hit his head because he believed he would be attacked again if he told the truth, he said.

Deputies eventually discovered what had happened, and Schaaf was taken to Mercy Medical Center that night for treatment.

The affidavit filed by the investigating jail officer states that Schaaf’s right eye “was completely swollen shut with red and purple discoloration,” in addition to a swollen lip and puncture marks probably made by his own teeth.

Jail assaults are handled just like any other crime, according to sheriff’s Lt. Roger Loomis, who oversees jail operations.

Powell was charged with fourth-degree assault and strangulation, though the latter charge was dropped during plea negotiations between Powell’s attorney and the district attorney’s office.

Powell pleaded guilty to the assault charge on April 1, and he was sentenced to six months in jail.

In her notice to the county, Dugan states that claims for damages will be made against the county, its “departments, officers, employees and/or agents” for failing to promptly intervene in the assault and promptly provide Schaaf with medical care.

The sheriff’s office referred questions about the incident to county attorney Ron Guerra, who declined to comment specifically on the assault and the jail staff’s response to it because his investigation is not complete.

“We are … gathering further information on our side to evaluate the nature of the claim and to determine whether we believe the county has any liability,” Guerra said. “If the county does … it will then be involved in attempting to resolve the matter without the necessity of any legal action.”

Jail assaults are not uncommon, though attempts are made to isolate inmates who are thought to pose a risk to others or themselves.

Loomis said the jail was found to be 100 percent compliant with state regulations for such facilities during its last review. The next inspection is scheduled for July.



• You can reach reporter Christian Bringhurst at 957-4213 or by e-mail at cbringhurst@newsreview.info.


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