Racists have no morality where race is a variable. From [HERE] and [HERE] A racist suspect judge who was forced off the bench in Maryland for ordering the activation of “shock cuffs” on a pro se (no lawyer) Black defendant now faces a civil complaint over the racist incident.
As recounted in his guilty plea last year to a federal civil rights charge, Robert Nalley had 26 years under his belt on the Charles County Circuit Court when in July 2014 he was presiding over the criminal trial of Delvon King [aka Saamir Jhaled Khaleel Kingali] on gun charges.
The suit, which seeks $5 million in punitive damages, says King wasn't raising his voice or threatening anyone when he was shocked while representing himself on gun charges. Convicted by a jury, King later received probation after a public defender asked for a new trial based on Nalley's actions.
King, who was wearing electroshock “stun cuffs around his ankle” apparently angered the white judge by refusing to answer the judge’s questions and speaking over the judge. Nalley quickly growing impatient with the black man as he calmly read from a prepared statement.
The courtroom’s closed-circuit cameras captured what happened next: Nally ordered a sheriff to activate the cuff, and Nalley fell to the ground in a fetal position and screamed in pain as an electric charge coursed through his body for about 5 seconds.
“Stop, stop,” Nalley told King. “Mr. Sheriff, do it. Use it.” The cuffs carried a 50,000-volt charge of electricity.[MORE]
In a pause between King’s screams after being shocked, Nalley called for a break. “We will wait until he calms down and then we’ll be right back,” the judge said of King. “Five minutes.”
As a result the former Maryland judge plead guilty to civil rights violations last year and was sentenced to one year on probation that included anger-management classes and a $5,000 fine [a hook up]. A video of the exchange without sound and separate audio was played in court during his sentencing. Prosecutor Kristi O'Malley noted that the defendant didn't raise his voice or yell during the exchange and even called the judge "sir."
She said Nalley "very quickly grew impatient" and that his use of the stun-cuff was "highly disproportionate" for "nothing more than verbal interruptions."
"Our constitution does not allow a violation of rights based on annoyance," she said. [MORE]
King’s attorney Steven Silverman explained in an interview Tuesday why they are now suing Nalley for punitive damages.
“The bottom line is Mr. King is not satisfied with the disposition of the criminal prosecution of Judge Nalley and feels the necessity to pursue the civil prosecution of the case civilly,” said Silverman, an attorney with the firm Silverman Thompson Slutkin & White.
Nally had retired from the bench a year before the incident but continued to preside over cases on a part-time basis. The Maryland Court of Appeals banned him from the bench after the shock incident, and his criminal sentence of probation included a $5,000 fine.
King filed his civil complaint on March 6 with a federal judge in Baltimore, saying he “presented no danger to Defendant Nalley or others present in the courtroom, made no aggressive movements or threatening statements and posed no threat to himself, defendant Nalley, or anyone in the courtroom.”
“The electrocution, the sending of thousands of volts of electricity through Mr. King’s body, caused Mr. King to writhe on the ground in uncontrollable spasms and painful screams for several minutes in excruciating pain,” the complaint states.
Video of the incident supports this account, something King’s attorney says compounds his client’s damages.
“There is forever a record of what happened to Mr. King on the internet,” Silverman said in an interview. “The video has been viewed hundreds of thousands of time, by millions of people, and in it he is seen laying in fetal position on the floor, screaming loudly. And this is extremely humiliating. And he will be forever identified with that degrading situation.”
King says he “still suffers from panic attacks and severe anxiety as a result of the electric shock.”
Years before he presided over King’s case, Nalley faced a five-day suspension after he let the air out of the tire of a court employee in 2009.
King, who was convicted on the 2014 gun charge, wants punitive damages for one count of excessive force.