The Alaska State Ombudsman has released a summary of the investigation of a complaint that correctional officers used excessive force on three inmates at the Anchorage Correctional Complex (ACC). On November 22, 2017, an inmate contacted the Ombudsman to report that he had been inappropriately sprayed with pepper spray by a group of correctional officers. The incident allegedly occurred that morning, after the complainant and two other inmates were transported in a van from ACC West to ACC East.
The unidentified complainant alleged that the officers sprayed him and the other inmates with pepper spray while they were seated in the van, and then closed them in the van for nearly 15 minutes. He alleged that he was not offered anything to wash himself off, nor was he offered the opportunity to shower and change clothes. At the time he contacted the Ombudsman, he reportedly was still wearing the same clothing. He also allegedly filed a grievance with the Department of Corrections about the incident, but their responses were evasive or non-responsive.
The Ombudsman investigated five allegations based on the complaints and concluded that they were justified based on a preponderance of the evidence. The Ombudsman found that the use of pepper spray was not reasonably necessary or appropriate to maintain order and was deemed an excessive use of force. While the two inmates who were indirectly hit by the spray were temporarily placed in the segregation shower, they weren’t allowed to decontaminate themselves. The third inmate was provided the means and opportunity to more than an hour after the use of force, which goes against agency policy.
Despite the situation being investigated by HR and the Professional Conduct Unit, the Ombudsman found that these processes did not result in meaningful accountability for all of the officers involved in the incident.
According to the Ombudsman, the DOC partially objected to one of the five allegations, but didn’t dispute the other findings. 11 recommendations were made to the DOC in updating its use of force policy. One was accepted, and the other ten received an implicit acceptance.
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