Day: February 9, 2024

By Larry Judkins

Glenn County Observer

Most people wouldn’t treat a dog as inhumanely as Dana Marie James was allegedly treated by Oroville police officers.

Barefoot and without phone, water, or flashlight, and with absolutely no idea where she was, as midnight approached on Thursday, Sept. 1, 2022, James was reportedly left alone and abandoned by Oroville police officers at a remote location in Butte County on Neal Road near the recycling and waste facility. Subsequently, she was struck in a hit and run accident and left for dead for several hours until she was finally found by some workers in the area.

After spending more than a month in Enloe Medical Center, James found an attorney, Robert Chalfant of Rocklin, who accepted her case. A year ago this month, Chalfant filed a lawsuit in the United States District Court, Eastern District of California.

Named in the suit were the “City of Oroville, [Oroville Police] Officer Robert Sasek, [Oroville Police] Sergeant Ali Khan, and Does 1-10.” Sometime later, Oroville Police Officer Isaac Herrera’s name was reportedly added to the lawsuit.

This week, it was revealed that James had reached a $3 million settlement with the City of Oroville.

According to paragraphs 10-71 of the lawsuit filed by Chalfant:

10. At all times relevant herein, all wrongful and unlawful acts described herein were performed under color of state law and/or in concert with or on behalf of those acting under the color of state law.

11. On September 1, 2022, at approximately 2:00 p.m., DANA MARIE JAMES (“Ms. James” or “Plaintiff”) was arrested for trespassing (Penal Code Section 602), in Chico, California, and transported to the Butte County Jail (“Jail”) in Oroville, California. Ms. James had been swimming in a local homeowner’s pool during hundred-degree weather.

12. The arresting officer from the Butte County Sheriff’s Department (“Sheriff’s Department”) observed that Ms. James was incoherent, had an altered mental status and was possibly under the influence of a controlled substance.

13. The arresting officer from the Sheriff’s Department did not retrieve Ms. James’ shoes during the arrest and she was transported to the Butte County Jail without any footwear.

14. Ms. James underwent the booking process at the Jail and was seen by an intake nurse at approximately 2:50 p.m. After completing the booking process, Ms. James was cited and released.

15. Ms. James displayed obvious signs and symptoms of mental and physical impairment at the time of her release from the Jail and this is recorded on Jail video.

16. Ms. James was not given a bus pass so that she could return to her home in Chico, California or provided shoes. Ms. James was simply thrown out onto the streets of the City of Oroville.

17. Ms. James was arrested a second time on September 1, 2022. This arrest occurred at the Oroville Home Depot at approximately 9:00 p.m. and was by OFFICER ROBERT SASEK (“OFFICER SASEK”), of the Oroville Police Department (“OPD”).

18. During her arrest at the Home Depot, Ms. James was incoherent and unable to care for herself. Ms. James was acting irrationally, had significant mental impairment including illogical and disorganized thoughts, and OFFICER SASEK believed that she was under the influence of a controlled substance.

19. OFFICER SASEK was also informed that Ms. James had previously been arrested that day in the same condition.

20. Because OFFICER SASEK believed that Ms. James was incapable of taking care of herself and additional calls for law enforcement assistance would continue if Ms. James remained at Home Depot, OFFICER SASEK arrested Ms. James.

21. OFFICER SASEK transported Ms. James back to the Jail for booking and she was seen at approximately 10:03 p.m. by Manuel Salinas, RN. Nurse Salinas refused to admit Ms. James into the Jail until she was “medically cleared” by medical providers at Oroville Hospital.

22. Nurse Salinas’ refusal to allow Ms. James to be booked was based upon Ms. James being incoherent, irrational, unable to respond to basic questions, having obvious neurologic signs and symptoms of having an altered mental status, as well as having a highly elevated blood pressure indicative of a chronic medical condition.

23. Nurse Salinas also suspected that Ms. James was possibly under the influence of a controlled substance.

24. OFFICER SASEK was present during the intake medical screening by Nurse Salinas and was informed of Nurse Salinas’ observations and reasons for the Jail’s refusal to admit Ms. James into custody.

25. OFFICER SASEK was also informed that Ms. James required urgent medical evaluation and treatment based upon her poor physical condition and altered mental status.

26. The Butte County Sheriff’s Office, which runs and oversees the Butte County Jail, requires medical staff at the Jail to determine if arrestees have injuries or impairments at intake and booking.

27. If medical staff determines that immediate medical evaluation and treatment is needed, then the arrestee is not admitted into the Jail, but instead returned to the arresting officer pending receipt of a medical clearance certificate from off-site medical providers at Oroville Hospital.

28. Ms. James was placed back into OFFICER SASEK’s patrol vehicle so that he could transport her to Oroville Hospital for the required “medical clearance.”

29. Video from the Jail intake area shows OFFICER SASEK and Ms. James leaving the Jail in his vehicle.

30. OFFICER SASEK drove Ms. James to Oroville Hospital for “medical clearance” as required by the Jail’s booking staff.

31. OFFICER SASEK had Ms. James remain in his vehicle while he exited the vehicle and entered Oroville Hospital.

32. OFFICER SASEK did not take Ms. James into the hospital to be seen by a medical provider as required for her to be booked into the Jail’s custody.

33. Oroville Hospital has no record of admitting Ms. James for medical evaluation on September 1, 2022.

34. Instead, OFFICER SASEK cited and released Ms. James in the parking lot at Oroville Hospital even though he knew and was aware that her release was prohibited by Penal Code Section 853.6 (i) and Oroville Police Department Policy (“Policy”).

Editor’s Note: PC Section 853.6 (i) reads, in relevant part: “(i) Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:

“(1) The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.

“(2) The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety….”

35. Policy 420.4.2(a), provides that reasons for non-release include: “The person arrested is so intoxicated that he/she could be a danger to him/herself or to others.”

36. Policy 420.4.2(b) provides that “The person arrested requires medical examination or medical care or is otherwise unable to care for his/her own safety.” (Policy 420.4.2(b)).

37. OFFICER SASEK was also required, pursuant to Oroville Police Department Policy, to obtain authorization from his Shift Supervisor to cite and release Ms. James in light of the reasons for non-release described above but failed to do so. See Policy 420.4.2.

38. OFFICER SASEK knew that Ms. James required urgent medical evaluation and treatment, was possibly under the influence, and was unable to care for herself when he abandoned her in the Oroville Hospital parking lot.

39. Shortly after leaving Ms. James in the parking lot, a security guard at Oroville Hospital called OFFICER SASEK on his personal cell phone and requested that OFFICER SASEK immediately return.

40. The security guard informed OFFICER SASEK that Ms. James had been walking around the exterior of the hospital trying to open locked doors.

41. The security guard further informed OFFICER SASEK that Ms. James was “out of control” and had “barricaded” herself in a hospital bathroom.

42. The security guard was able to get Ms. James out of the bathroom and escorted her back to the parking lot at Oroville Hospital.

43. OFFICER SASEK returned within a few minutes. SERGEANT ALI KHAN, also employed by the Oroville Police Department, arrived on scene and the two officers had a discussion.

44. OFFICER SASEK placed Ms. James back into his patrol vehicle and drove away exiting the parking lot.

45. OFFICER SASEK then drove with Ms. James to a local gas station in Oroville. SERGEANT ALI KHAN arrived on scene at the gas station, as did another Officer from Oroville Police Department (“DOE 1”), and the three officers discussed a plan of action.

46. OFFICER SASEK, SERGEANT ALI KHAN and DOE 1 were aware and had discussed that Ms. James was under the influence of a narcotic or alcohol, was unable to care for herself and urgently needed to be seen by a medical provider due to the possible use of controlled substances, an altered mental status, poor physical condition and an extremely elevated heart rate.

47. All three officers knew and discussed that Ms. James had been rejected by the Jail at booking because she had an urgent medical condition requiring evaluation and treatment and needed to be “medically cleared” prior to being accepted into custody at the Jail.

48. DOE 1 suggested that OFFICER SASEK take her out to a remote area on Neal Road at the Waste Facility and abandon Ms. James at the dump.

49. SERGEANT ALI KHAN agreed with the plan and did not object or instruct his subordinates to cease their unlawful and improper conduct even though he knew that Plaintiff’s rights were being violated and had the opportunity to intervene. SERGEANT ALI KHAN had an affirmative duty to stop the unlawful conduct of his subordinates but failed to do so.

50. OFFICER SASEK then drove Ms. James north on Highway for 15.5 miles to the area around Neal Road Recycling and Waste Facility (“Waste Facility”).

51. While being transported towards Chico, Ms. James asked, “Where are we going?” and OFFICER SASEK responded, “Don’t worry about it” and told her to “just shut up.”

52. OFFICER SASEK parked his vehicle somewhere near the Waste Facility at approximately 12:00 [a.m.] and directed Ms. James to exit the vehicle. It was completely dark outside and Ms. James asked, “Where are we?” OFFICER SASEK responded, “You will figure it out, it’s not my problem.”

53. Ms. James pleaded with OFFICER SASEK to “take me home,” prior to OFFICER SASEK getting back into his patrol vehicle and flooring the gas pedal, which threw dirt and gravel directly at Ms. James.

54. Ms. James was now all alone on Neal Road. It was dark out and there were no streetlights. Ms. James had no phone, no water, no shoes, no flashlight and no idea where she was. OFFICER SASEK just drove away discarding her on Neal Road outside of the dump at approximately midnight.

55. OFFICER SASEK, SERGEANT ALI KHAN and DOE 1 treated Ms. James as though she was garbage. Their heartless decision to abandon her at the dump would warrant criminal charges if they had abandoned a dog or cat. (See Penal Code Section 597s).

Editor’s Note: PC Section 597s reads, in relevant part: “(a) Every person who willfully abandons any animal is guilty of a misdemeanor.”

56. With no alternatives, Ms. James began walking on the shoulder of the road in the direction that OFFICER SASEK had used to arrive at this location.

57. As Ms. James walked up the road [about a third of a mile – Ed.] near what is now known to be Franklin Construction, she was struck on her right side by a passing vehicle and was sent flying down an embankment into several large boulders where she remained in and out of consciousness and severely injured for approximately 10 hours.

58. The vehicle that struck Ms. James did not stop to render assistance and instead fled from the scene of the accident.

59. Ms. James sustained catastrophic physical and internal injuries after being hit by the vehicle. Her clothes were completely shredded, and she had bruises all over her body. Ms. James needed emergency medical care but was unable to move.

60. At approximately 9:00 a.m. on September 2 (the next day), Ms. James summoned the strength to crawl up the embankment where she had remained in and out of consciousness all night and was seen by workers employed at the Franklin Construction yard. They immediately recognized the seriousness of her injuries, provided water and assistance and called 911.

61. Butte County Sheriff’s Department officers arrived and insulted Ms. James by asking if her boyfriend had beaten her up. The Butte County Sheriff’s Department failed to conduct any inquiry into how Ms. James had arrived at that location or who was responsible for hitting her with their vehicle.

62. Ms. James was transported by ambulance to Enloe Medical Center in Chico, California.

63. Ms. James was in the ICU Unit at Enloe for approximately seven (7) days after being hit by the vehicle. Ms. James remained hospitalized for approximately 35 days after being dumped by OFFICER SASEK on Neal Road and struck by a vehicle.

64. Based on the severe internal injuries that Ms. James sustained, medical providers were forced to remove 30 to 40 percent of her colon, and approximately two feet of her small intestine.

65. Ms. James has also been informed that due to the internal injuries and removal of a portion of her small intestine and a portion of her colon, she will likely be required to wear a colostomy bag for life. Ms. James is currently only 52 years old.

66. Ms. James has had multiple surgeries, and due to complications from the surgeries, developed sepsis. The infection was so severe that the skin on her right foot began deteriorating and her toes turned black. Doctors at Enloe Hospital have informed her that she will likely require amputation of the toes on her right foot.

67. Ms. James was on dialysis twenty-four hours a day while at Enloe as doctors fought to treat the infection.

68. OFFICER SASEK was on duty and in a marked patrol vehicle at the time of this incident. It is believed he was wearing a body worn camera while transporting Ms. James, and that the vehicle may also have been equipped with an in-car-camera system that recorded audio.

69. Additionally, the patrol vehicle was likely equipped with GPS/AVL tracking capabilities which would show the officer’s locations, and confirm that he drove to Neal Road, as well as an in-car camera system, RMS device and personal cell phone that would also show his locations during the relevant time periods.

70. After abandoning Ms. James on Neal Road at approximately midnight, OFFICER SASEK returned to his office the following day and completed his arrest report for his arrest of Ms. James at the Oroville Home Depot and submitted it to the Butte County District Attorney for prosecution.

71. OFFICER SASEK did not inform the District Attorney that he had returned to the hospital and placed Ms. James back into his patrol vehicle or that he had dumped and abandoned Ms. James on Neal Road.

Attorney Chalfant filed seven claims for relief on behalf of James. The first claim, against defendants Sasek, Khan, and Does 1-10, was for “State Created Danger”.

According to the claim, “The affirmative acts of OFFICER SASEK, SERGEANT ALI KHAN and DOES 1-10, of dumping and leaving Ms. James on the side of the road in the dark, and the possibility that she would be struck by a passing vehicle traveling at high speed, was a foreseeable and direct harm of their actions.

“Defendants willfully disregarded the known and obvious consequence of their actions and were deliberately indifferent to the safety of Ms. James.”

The second claim, also against Officer Sasek, Sgt. Khan, and Does 1-10, was for “Deliberate Indifference to Health/Safety”. According to the claim:

“The actions of Defendant OFFICER SASEK and DOES 1 to 10, to cite and release Ms. James on the hospital parking lot while knowing that the Butte County Jail had required that Ms. James be “medically cleared” was an intentional decision by OFFICER SASEK to deprive Ms. James of urgently needed medical care, evaluation and treatment.

“The actions … to drive Ms. James approximately 15 miles outside of the City of Oroville’s city limits and abandon her on the road near the Waste Facility at approximately midnight, with no shoes, flashlight, water, or phone and deprive her of urgently needed medical evaluation and treatment put Ms. James at risk of suffering serious harm.”

The third claim, directed against the City of Oroville, was for “Failure to Train”, and alleged that the City’s training policies were not adequate to prevent known or obvious consequences of its failure to train its employees. Specifically, the City did not train its officers on:

(a) Obtaining “Medical Clearance” for arrested individuals needing “urgent evaluation after the Jail refuses to allow individuals to be booked into custody;

“(b) Determining whether to cite and release an individual under Policy 420.4.2;

“(c) How to evaluate and address an arrestee’s ‘reasons for non-release’ as set forth in Policy 420.4.2, subsections (a) and (b);

“(d) The requirement of obtaining a Shift Supervisor’s authorization to cite and release an individual when ‘reasons for non-release’ exist; and,

“(e) That its’ [sic] officers should never cite and release an individual that requires ‘Medical Clearance’ from the Jail, is under the influence and that is unable to care for themselves outside of City limits on a dark road at approximately midnight.”

The fourth claim concerned “Supervisory Liability” and was directed against Sgt. Khan and “Does 1-10”. Sgt. Khan allegedly directed his subordinates, including Officer Sasek, to “deprive James of her particular rights under the U.S. Constitution, and knowingly refused to terminate a series of acts by his subordinates that he knew or reasonably should have known would cause the deprivation of plaintiff’s rights.”

The four claims described above state that James “is entitled to recover damages for past and future medical care, past and future pain and suffering, past and future mental and emotional distress, costs and attorneys’ fees.”

The fifth claim regards a section in the California Civil Code known as the “Bane Act”, and is directed against the City of Oroville, Officer Sasek, Sgt. Khan, and Does 1-10. According to the lawsuit:

“The actions of Defendants OFFICER SASEK, SERGEANT KHAN, CITY OF OROVILLE and DOES 1 to 10, as alleged herein, including but not limited to the Officer’s affirmative act of dumping Ms. James on a rural road at approximately midnight while needing medical evaluation and treatment, denying her medical care and being deliberately indifferent to her health and safety and failing to properly train its officers to prevent these constitutional violations, were unreasonable and unlawful violations of the U.S. Constitution as well as state law. Defendants’ conduct is therefore actionable under California Civil Code Section 52.1 et seq., the ‘Bane Act.’

“As a direct and proximate result of said acts and/or omissions by Defendants, Plaintiff DANA MARIE JAMES seeks to recover special and general damages. Plaintiff is also entitled to recover any and all statutory penalties available as well as attorneys’ fees and costs.”

The sixth claim deals with the “Intentional Infliction of Emotional Distress” and is also directed against the City of Oroville, Officer Sasek, Sgt. Khan, and Does 1-10. It states that the defendants who were law enforcement officers, “acting or purporting to act in the performance of their official duties as law enforcement officers [knew] their conduct was unlawful. As a result of the above outrageous conduct, Ms. James suffered severe and extreme mental and emotional distress.”

As for the City of Oroville, it “is indirectly and vicariously liable, through the principles of respondeat superior, for injuries proximately caused by acts or omissions of its employees acting within the scope of their employment.”

According to the lawsuit, James is entitled to “special and general damages for past and future medical care and treatment and for mental and emotional distress.”

The seventh and final claim concerns “Negligence”, and is also directed against the City of Oroville, Officer Sasek, Sgt. Khan, and Does 1-10. It alleges that the defendants in law enforcement “have a duty as arresting officers with a special relationship to arrestees to provide for the health, safety and welfare of arrested persons under their control and authority and failed to provide for the health, safety and well-being of Ms. James.”

As for the City of Oroville, it “had a duty to properly train its officers in how to book individuals in its care and custody into jail and to properly follow its own requirements for determining when to cite and release individuals in its custody, to obtain ‘medical clearance’ when required by the Butte County Jail, and to prohibit the dumping of individuals that require medical evaluation and treatment and who are unable to care for themselves on rural roads outside of City limits. Said duties are defined by California State Law, law enforcement standards and [Oroville] Police Department policies.”

According to the lawsuit, James is therefore “entitled to recover damages for past and future medical care, past and future pain and suffering, and past and future mental and emotional distress.”

Although James’ attorney requested a jury trial, the case ended up being settled out of court. As stated above, the City of Oroville has reportedly agreed to pay James $3 million.

As a result of being settled out of court, the details of the settlement are likely not to be matters of public record.

Dana James was a longtime resident of Glenn County, who attended Orland High School. James is not her birth name, but the name of her ex-husband.