Correctional Deputy Brian Kolkemo is being sued for slapping a paraplegic man in a wheelchair before stealing his wheelchair and leaving him laying on the floor of a holding cell for several hours. Kolkemo has not suffered any disciplinary action whatsoever. In fact, Jackson County Sheriff Nathan Sickler continues to stick by his man. Sickler asked that the lawsuit be dismissed. State police referred the matter to the Jackson County District Attorney's officer for prosecution but charges were not filed despite this conduct constituting harassment at a minimum.
The victim, John Malaer, was wrongfully arrested for disorderly conduct and harassment before being released. The charges were dismissed. Seems Malaer may have won the lottery here. I'd trade a night in jail for an excessive force claim backed by video evidence an day. Malaer may also have an inadequate healthcare claim, but was in jail for such a short period of time he probably can't show any tangible loss as a result. He was stripped of his wheelchair, denied a catheter which he needs to urinate, and soiled himself.
County jails often deny inmates adequate medical equipment. Wheelchairs or anything else from outside which have metal parts are denied even if medically issued. For instance, I was denied a special brace used to treat broken arms in another county just because it had metal parts. Unlike Malaer, the brace was not brought it but rather attempted to be given to me by an orthopedic PA during an outside medical appointment. They often justify inadequate healthcare whenever additional safety risks are involved even though under the law they cannot justify denying adequate healthcare for staff safety reasons. Inmates have the right to the same level of care they would receive in the community regardless of any risks incurred by jail staff.
Those in charge, like Sheriff Sickler, often defend striking inmates in any manner whenever they are not cooperative. For instance, when caught on camera punching and kicking people they will call it "focused blows" necessary to gain compliance. Blows of any sort are not justified when the subject is unarmed, paralyzed, and in a wheelchair.
Other correctional facilities in Oregon are the same way. During my last case I was falsely accused of assaulting federal officers and was under various court orders intended to stop me from giving information about court personnel to inmates, so to screw with me the staff at FDC Sheridan sent me across the street to the hole at the FCI under a "threat assessment" whenever I was there. One time they put me in with an old crippled sex offender in a wheelchair. I told him I wasn't living with him and made him ask to be moved, but the staff refused to move him. They told me unless I beat him up they would leave him in there. He suggested he just laydown and act as if I'd knocked him out which he did, but the staff didn't buy it. Feeling like I was being setup to catch a new case for assaulting a vulnerable individual, I bucked on the staff. I held my dinner trays hostage, waited to be cuffed up, and pulled my one cuffed hand into the cell through the food port breaking off the handcuff key. They flip out whenever an part of a handcuff key is lost, so they threw me in a special cell for that. Eventually my assault charge was dropped to just impeding and I was released.
According to public records, Brian P. Kolkemo is a 40 year old resident of Medford, Oregon. The last known address I could find for him is 12838 Ramsey Road. This address is being pasted here with the caveat that it will be removed if Jackson County and Kolkemo settle Malaer's claim in a manner considered satisfactory by Mr. Malaer. Please do not use this information for any unlawful activity.