Former Inmate Sues Multnomah County for Breaking His Arm

The owner of an anti-police misconduct website that invites people to post their stories about bad experiences with law enforcement is now the plaintiff in a police brutality lawsuit against Multnomah County, it's sheriff, and several deputies (District Court of Oregon Case No. 3:19-CV-995-SB). CopBlaster.com founder Cyrus Sullivan filed this complaint in federal court in Portland claiming that his "left humerus was broken after he had been escorted to “the hole,” was isolated from the general population, and was pinned face down to a mattress by sheriff's deputies" (p. 7).

Sullivan's complaint relies primarily on an expert witness report written by Dr. Wilson Hayes (p. 135-149, Exhibit 24). Excerpts from that report state that "to a reasonable degree of engineering and biomechanical certainty, that Mr. Sullivan's humeral fracture occurred in cell 4F13 of the fourth floor detention center when he was pinned to the mattress on the cell floor by Deputies Barker & Ingram and when his arm was “twisted behind his back ... the facts of the case rule out the version of the events provided by the Deputies, asserting that the fracture occurred in Mr. Sullivan's cell 5D23 on the fifth floor as deputies were trying to handcuff Mr. Sullivan" (p.140, Exhibit 24 p. 6). The report then goes into a detailed explanation of the techniques used to examine the evidence (p. 142-147, Exhibit 24 p. 7-13 ) before concluding with:

"The fourth and final step to be addressed in a scientifically reliable injury causation opinion is to consider modifying factors and alternative causes of the injury, in this case the fracture to Mr. Sullivan's left humerus. Here, in the case at hand, the two alternative causal mechanisms are the fundamental questions that I have been asked to addressed, i.e. did the fracture occur as apparently being asserted by the Deputies while they were attempting to handcuff Mr. Sullivan in his fifth floor cell before transporting him to the detention center, or, as asserted by Mr. Sullivan, did the fracture occur after being escorted, while he was pinned to a mattress on the floor of a cell on the fourth floor detention center? As part of my analysis of the second criterion, i.e. objective evidence of injury, I have already noted that the aligned nature and modest displacement of the fracture fragments do not comport with the "fierce struggle" and forceful nature of the escort process as described by Deputies. Given the lack of structural connection between the fracture fragments and the testimony that it was necessary to support Mr. Sullivan as he went limp (a process that almost certainly would have involved, at least in substantial part, the upper extremities, it would be highly unlikely for a through and through fracture of the humerus to maintain its alignment and mild displacement. In fact, the use of splints and air casts for trauma victims with serious fractures is for the very purpose of eliminating or at least reducing the relative motion and angulation of such fractures. I have also noted, although will defer to other experts on this issue, that Mr. Sullivan would likely be unable to struggle fiercely, simply because of pain, with this serious fracture. I have already noted that Mr. Sullivan did not report that "I think my arm is broke" until after the events on the mattress in the fourth floor detention center. Finally, Deputy Barker's Incident Report (Incident Report, 07.15.17, MCSO) also comports with a fracture mechanism that occurred on the mattress of the fourth floor cell and not in the fifth floor cell. Deputy Barker's description of the fourth floor incident is that he had "removed the right handcuff and told [Mr. Sullivan] to place his right hand under [his] belly." According to the Deputy, "Inmate Sullivan would not comply with simple directions," and "he had to be helped with this task by rolling him to the left a few inches." For Deputy Barker to use his left hand and wrist of Mr. Sullivan to roll him to his left would require that the left wrist and forearm be lifted up and away from its position at the small of Mr. Sullivan's back. This is precisely the mechanism of torque application necessary to produce the spiral fracture of the left humerus that Mr. Sullivan sustained. Moreover, in describing the events on the fifth floor, Deputy Barker indicated that he was attempting to pull [Mr. Sullivan's] left arm behind his back, and that Mr. Sullivan "kept pulling up and away from [him]" and that this is when he thought he heard a "pop." Such pulling actions would not apply torque to the humerus of sufficient magnitude and appropriate orientation to cause Mr. Sullivan's fracture. Thus, on the basis of all the displacement and alignment of the fracture fragments, the consistent descriptions among all parties that Mr. Sullivan's complaints that his arm had been fractured occurred on the fourth floor, and the fact that Incident Report descriptions of application of torque would produce a fracture on the mattress, rather than in the fifth floor cell, the facts and my analysis of the case lead me to conclude that the fracture occurred as Mr. Sullivan described." (p. 148-149, Exhibit 24 p. 13-14)

Sullivan's case has already caught the attention of mainstream local news outlets. In an article titled Spicy chips thrown in a deputy's face leads to guilty plea for assault The Oregonian reported:

"The judge almost didn't accept the plea as Cyrus Andrew Sullivan, 35, denied the prosecution's allegation that he had elbowed Multnomah County sheriff's Deputy Tim Ba[r]ker in the face and neck while in custody on a federal hold on June 28, 2017. Sullivan said he "didn't throw an elbow,'' but "nailed him right in the face'' with spicy chips he had been eating…While prosecutors contend Sullivan caused physical injury to the deputy, Sullivan and his lawyers said law enforcement officials documented no injuries. The deputy didn't receive medical treatment or time off as a result of the encounter, Sullivan's lawyers argued."

Sullivan is seeking $250,000 in compensation stating "In my case add in the suffering I experienced from lack of proper pain medication, follow-ups, falling, and not having a raised bet, and I think that $250,000 is a fair number" (p. 47). He is also seeing $4,000,000 in punitive damages arguing that the arm breaking was "motivated by evil motive or intent."(p.48).