Suit says jail guard a ‘bully’

SF inmates claim they were beaten

Former Santa Fe County jail inmates claim that a jail guard beat inmates in a place he knew he couldn’t be filmed and the jail administration threatened an inmate with solitary confinement if he talked to the press, according to a federal civil rights lawsuit.

The suit was brought in March by Lucas Culin, 30, of Santa Cruz and Esli Dominguez, 27, of Española, who were inmates at the Santa Fe County Adult Detention Facility in May 2012. The suit seeks unspecified damages. “There was a guard who was a bully at the jail,” said attorney David Foster. “... He strutted around like he owned and ruled the roost.”

County spokeswoman Kristine Mihelcic said she would not comment on pending

litigation.

Culin was booked on a warrant in a burglary and larceny case, and was serving a sentence in a separate larceny case, according to inmate and court databases. Dominguez was booked on a warrant in a DWI case and was serving a sentence in a burglary case.

The federal lawsuit claims that Anthony Hurtado, a guard who had been working at the jail since November 2011, liked to intimidate the inmates. It alleges he would “strut” around the facility, trying to challenge inmates to arm wrestling matches.

That guard’s behavior escalated one day when he made Culin go into the “Horseshoe,” an area of the jail without cameras. There, Hurtado beat and “choked out” Culin, meaning, according to Foster, the guard choked Culin until the inmate passed out. Hurtado repeated the action later, according to the lawsuit.

Dominguez, who was in the same pod as Culin, asked the guard why he was picking on someone who couldn’t fight. Hurtado asked Dominguez if he thought he could do better. He then brought Dominguez into the Horseshoe, where he beat and choked the inmate, the lawsuit claims.

When Dominguez and the guard another time went through the same section of the facility to get cleaning supplies, Hurtado again fought Dominguez, forcing Dominguez to defend himself. According to the complaint, Hurtado justified this by saying everyone thought Dominguez “beat his ass” the last time. He said they would fight until someone either choked or passed out, the suit claims.

Dominguez reported the fight at the warden’s office. Culin was questioned, too, and employees said they had video recordings from the pods, which, even though they don’t show the fights, would show inmates watching the fights unfold, Foster said.

Now, Mark Gallegos, the interim jail administrator during the incident, is claiming there are no videos, according to the suit.

In October of that year, the suit claims, Culin was scheduled for an interview with a television station about Hurtado. He was taken out of his pod and spoke to Gallegos, who warned Culin that if anything came out of the interview, he would be put in segregation.

Foster said “segregation” is akin to solitary confinement, in which the prisoner is locked down alone and is transported across the facility in shackles.

Later that month, Culin was placed in segregation. Another jail staff member, not named as a defendant, asked Culin about the interview and told him that he thought it was a bad idea. This person said the interview would affect the way he’s treated, according to the lawsuit.

This staff member told Culin he had to sign a document stating he did not want to do the interview. Culin did so, but when the staff member told him the interview was scheduled for that day, Culin said he wanted to do the interview. The inmate was put in segregation and an attorney eventually went to the jail to arrange the interview with the television crew, the lawsuit states.

The suit mentions County Safety Director Pablo Sedillo, although he’s not named as a defendant. According to the suit, Sedillo accused Culin of playing “cat and mouse” and “ping pong” with the jail staff regarding the interview.

Foster said Hurtado was fired from the facility in June 2012. Mihelcic said Hurtado’s employment was terminated around this time but she could not comment why.

Named in the suit as defendants are Gallegos; Hurtado; David Trujillo, a jail administrator; 20 unidentified jail employees; and the Santa Fe County Board of Commissioners.

Culin has prior convictions for charges including burglary, larceny and breaking and entering, according to a court database. Dominguez has prior convictions for burglary, larceny, selling or giving alcohol to minors and criminal damaging.

Culin has a pending federal lawsuit over a body cavity search at a different facility.