Five ex-jail inmates sue over firecracker

Jace Radke

Wednesday, July 7, 2004 | 11:09 a.m.

Five former inmates at the Clark County Detention Center have filed a federal lawsuit against jail guards and Metro Police, alleging that their civil rights were violated when the guards threw a large firecracker with the explosive power of a quarter stick of dynamite at them.

The suit was filed Tuesday by attorney Cal Potter and the American Civil Liberties Union of Nevada on behalf of the five men who are serving their sentences at various prison facilities.

The suit states that Eric Watson, Alex Owen, Fred Robinson, Stephen Basden and Michael Krivak were all inmates at the jail in June 2003 when two corrections officers exploded an M-80 near them.

The inmates "have sustained injuries to their persons, including damage to their brain(s), which have left Plaintiffs ... with permanent hearing loss, severe headaches and emotional distress and pain and suffering," the complaint states.

Each of the inmates is seeking punitive and compensatory damages in excess of $75,000 and attorney's fees from the two corrections officers, Alan Hirjak and Christopher Brinkley, and Metro. Also named as defendants in the case are the officers' supervisor, Sgt. P.J. Leeke, and Sheriff Bill Young.

Hirjak, who has been with the department for 10 1/2 years, and Brinkley, a two-year veteran, were disciplined following an internal affairs investigation that sustained the complaints against them.

Mike Snyder, director of Metro's labor relations section, said that the details of the punishments are considered confidential. Other Metro officials said the officers were punished with suspensions without pay. Both officers continue to work at the jail, although they no longer work together, a Metro spokesman said.

"I'm a great believer in second chances for those in law enforcement who make mistakes, but there is a line that, if crossed, calls for the most severe types of discipline," said Gary Peck, executive director of the ACLU of Nevada. "This underscores the kinds of problems that exist in the jail and the way in which they are allowed to persist."

Watson filed a complaint against Hirjak and Brinkley with the Citizen Review Board, which independently investigates complaints against Metro officers, after the June 30, 2003, incident.

Watson reported that sometime before 10:30 p.m. that night the officers threw an explosive device into his cell. There was just one explosive, and the inmates claimed it was an M-80, Metro Deputy Chief Mike Ault said.

The review board recommended that Hirjak and Brinkley be suspended without pay.

The complaint filed Tuesday goes on to allege that the defendants conspired to commit cruel and unusual punishment on the plaintiffs, and that the department failed to provide needed supervision for the officers.

"The lack of serious discipline by Defendant Young sends the message that said correctional officers are held to a lower standard than the inmates they guard. Thus fostering wrongdoing and encouraging continued wrongdoing by the defendants," the complaint states.

Peck said that Hirjak and Brinkley broke the law by throwing an explosive device at inmates and bringing illegal fireworks into the jail.

"Keeping those officers on staff at the jail sends the worst kind of message to the rest of the staff, the inmates and the community," Peck said.