Tag: Daniel Chong

US to Pay $4 Million to Student for DEA Neglect in Jail

Remember Daniel Chong, the San Diego college student the DEA forgot about and left in a jail cell for 5 days? The cell was 5' by 10' with no bathroom. Since they forgot he was there, no food or water were provided and he had to drink his own urine. Nor did they hear his screams.

The U.S. has agreed to pay him $4 million. DOJ handled the negotiations. More here.

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Abandoned DEA Detainee Files Claim Seeking Up to $20 M

Bump and Update: Mr. Chong has filed a a notice of his intent to sue and claim with the DEA (a prerequisite to filing a lawsuit under The Federal Tort Claims Act) seeking up to $20 million in damages. You can read it here. The DEA has issued an apology, and promised a thorough review.

In addition to traditional tort claims, his notice alleges torture in violation of the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 and Convention Against Torture. The FTCA (28 USC 2675) allows recovery for pain and suffering, psychiatric and medical expenses, etc.

The actions of the officers give rise to the following causes of actions among others: intentional infliction of emotional distress, negligence, negligent infliction of emotional distress, and a Bivens cause of action for violation of Daniel Chong's rights under the Fourth and the Fifth Amendments for excessive force, unreasonable detention and unlawful seizure of his person.

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