Defense argues Immunity in Suit Alleging Excessive force at VA. Beach Jail: Mentally Ill, Restrained, Black Woman Brutally Beaten by Officers

A federal magistrate said he will recommend within two weeks whether a lawsuit filed by a woman who alleged she was the victim of excessive force in the Virginia Beach jail should move forward. Janace Johnson, 60, who has schizoaffective disorder, in September sued the city of Virginia Beach, the state, Sheriff Paul Lanteigne, two sheriff’s deputies and a policeman.

A federal judge in March threw out all Johnson’s claims except for the ones alleging excessive force by sheriff’s deputies. The suit had alleged that she was wrongfully arrested and prosecuted. It also said Johnson did not receive necessary medical care and that law enforcement officers used excessive force against her while she was in the Virginia Beach jail. On Monday, a lawyer for Lanteigne and two sheriff’s deputies argued that his clients are protected by “qualified immunity,” which can shield government employees from claims of civil damages. Attorney Jeff Rosen said his clients were just doing their jobs when they wrestled Johnson to the ground after she refused to follow orders and after she hit a sheriff’s deputy in the face.

Johnson’s lawyer, Timothy Anderson, said his client is mentally ill and that the case should go before a jury. The retired nurses’ aide supervisor was released from jail May 18 with a broken nose, a busted lip, a black eye, broken dentures and other bruises.

Sheriff’s officials have said that Johnson, who was 59 at the time, sustained the injuries when she was “taken to the ground” after she “attacked a female deputy.”The incident occurred after Johnson’s arrest on a domestic violence charge. Throughout that day, Johnson’s family said, she was agitated, hallucinating and hearing voices.

By nightfall, they said her mental health had deteriorated. She was drinking and chain smoking. Her family called Johnson’s psychiatrist’s office, where she had been earlier in the day and received an increase in her medication. The office advised the family to call police for help.Virginia Beach attorney Timothy Anderson, who is representing Johnson, said the family thought police would assist in getting an emergency mental health screening for her as had been done several years earlier during a similar episode that led to Johnson’s psychiatric diagnosis and treatment.

Instead, Johnson was charged with domestic violence after she kicked a lamp shade down the stairs. Johnson was then taken to jail.“While she was restrained, she had the living daylights beaten out of her,” Anderson said. “You had untrained deputies who reacted to her behavior as combative when she was extremely mentally ill. She looked like she was in a fight with Mike Tyson.”The sheriff’s department charged Johnson with felony assault.

U.S. Magistrate Judge James E. Bradberry said he would make a recommendation within two weeks. U.S. District Judge Rebecca B. Smith, who threw out Johnson’s other claims, will make the final call.

A video of the incident from the jail’s inmate processing area shows Johnson standing up and two sheriff’s deputies pushing her down to a bench before wrestling her to the floor.

Pictured above: Janace Johnson's face after spending 10 hours in custody [MORE] and [MORE]