The American Civil Liberties Union of Delaware has filed a federal lawsuit on behalf of two men who were pretrial detainees at Sussex Correctional Institute. Court filings accuse the prison of practicing an "ongoing and egregious pattern of the use of excessive force.”

The men claim that they were victims of an unjustified beating while they were held at the prison. The plaintiffs, William “Bill” Davis and Isaac Montague both alleged that they were assaulted by officers who then deployed pepper spray directly into their mouth and nose while they were face down on the ground.

The lawsuit names several officers including the prison’s warden, Truman Mears, as defendants. Both Davis and Montague also identify one correctional officer, Kirk Neal, as having initiated the “unprovoked violence” against them.

The lawsuit details that Montague was the victim of an attack on September 18, 2021, after he encountered officer Neil while trying to use the free phone available to inmates. Montague details that Neal told him he could not use the phone and instead to go back to his cell for “lock in.” As Montague walked towards his cell, he details that Neal was following behind him. Neal then is accused of standing in the doorway of Montague’s cell, blocking the door from closing. That is when Montague says Neal jumped into Montague's cell and called “a code.” Montague recounts that this was when he laid down with his stomach to his cell floor and his hands behind his head. That's when this suit details Neal begins to assault Montague. Montague is kneed in the face by Neal before other officers rush in to join in on the assault. Montague details injuries including kicks and punches to the back and the head. He also alleges that the officers ripped some of his dreadlocks out of his hair, leaving behind bald spots.

As the beating continued, Montague details that another officer, Ryan Maddox, put a pepper spray can into Montague’s mouth before pressing down on it, “forcing large amounts of pepper spray” into Montague’s body.

Following the beating, Montague was sent to the infirmary where a nurse “patched up his bleeding face.” Montague also explains that he was not given adequate medical treatment or a medical examination and that his eye ended up being swollen shut for several days. Montague also details that he could not breathe properly for several days as well.

Davis recounts a similar incident involving officer Kirk Neal. Davis was serving time at SCI after he was arrested on a Thursday in October on an outstanding warrant after he missed court for a traffic violation. After appearing in court, the judge ordered that he be released while his case was processed. However, due to an administration error, the prison did not release him, and instead, Davis spent the weekend behind bars.

The following Monday, Davis asked officers at the front desk about when he was going to be released from the prison. The lawsuit details a contentious exchange between Neal and Davis. When officer Neal began to walk Davis to his cell, Neal used profanities asking him where he lives. Davis mistook the question and responded that he lived in Newark, but then later clarified that he lived in Bear. The lawsuit details that Neal became enraged that Davis gave information pertaining to a physical address rather than where his cell block was located. As a result, Neal “Slammed plaintiff Davis to the ground” before he “ began to kick and beat him.”

Davis recounts a similar incident in which other officers began to join in on the assault. Davis explains one officer holding his feet to the ground while another officer was beating him in the head. Another officer handcuffed David while the beating continued. The lawsuit identified officer Evanglett as the one who took a pepper spray bottle and inserted the nozzle directly into Davis’ nose before spraying it into his body.

Davis described the pain as having been so excruciatingly painful that he felt “he was going to die and have severe difficulty breathing.” Davis recounts that after the beating, officers took him to a holding cell where he was thrown onto the tile concrete floor while he was still handcuffed.

Davis alleges that he did not get any medical treatment or a medical evaluation despite having physical injuries including a serious head injury. Later that evening, Davis was released after his mother was able to sort out the administrative error. Upon his release, Davis went to the emergency room to seek medical treatment. It was there he was diagnosed with a concussion and treated for other injuries.

The lawsuit comes after several other complaints accusing the Delaware Department of Correction of violence against inmates and other violations of human rights. The case will be the first to represent prisoners under the new administration of the chapter’s legal director, Susan Burke. "We intend to do a lot of prison litigation," Burke shared. "The conditions are deplorable. We were particularly concerned in this case about the state violence and we look forward to significant changes."

The lawsuit details multiple claims of constitutional violations having taken place. The complaint also details that the Warden knew about the excessive force that was used against Montague. Both Davis and Montague are seeking both punitive and compensatory damages.