DPS’ Camacho, officers sued over alleged neglect

Department of Public Safety Commissioner Edward Camacho and 10 other DPS officers are being sued in federal court for alleged negligence of duty and failure to protect a person with disability under their custody.

Steven Parks, through legal counsel David Banes, filed a civil suit against Camacho and his staff yesterday, and is asking for at least $100,000 in compensation, plus punitive damages and attorneys fees.

Parks asked for a jury trial. He also petitioned the court to issue an injunction directing the defendants to implement procedures to ensure proper training in the future treatment of individuals with disabilities.

Banes said that his client, who is suffering from post-traumatic stress order, was arrested following an altercation in which he allegedly slashed and punctured a vehicle at Payless store in Garapan on Nov. 24, 2003.

In the process of the arrest and during custody, the plaintiff said that Camacho and the officers “knew or recklessly disregarded the fact that he [Parks] is emotionally disabled.”

The plaintiff said the arresting officers failed to search for a concealed weapon from Parks and failed to read him his rights during the arrest.

At the same time, Department of Correction officers allegedly also failed to do a body search on the suspect.

The plaintiff said that Parks turned out to have a box-cutter razor knife in his front carrier-belt pouch, which he used to slash himself while under policy custody.

The plaintiff said Park did it when he began to experience severe stress at the detention cell.

Park is said to have a history of hurting himself.

In the last 13 years, the plaintiff said that Park had cut himself so badly that he required the intervention of DPS.

The plaintiff said that Camacho’s group failure to follow proper police procedures was a deliberate indifference to Park’s safety and health and was discriminatory.

Banes noted that the police are required to protect defendants from harm, including self-inflicted harm.

Park has reportedly been released and no formal charges were ever brought against him.

The plaintiff also noted that after waiting for five months after his arrest, no officers have been reprimanded.

Such failure, according to Banes, “is outrageous, shocks the conscience, and is unconscionable, entitling plaintiff for punitive damages.