Excessive-force lawsuit claims Allegheny County Jail guards repeatedly shocked man with Taser

A man awaiting trial at the Allegheny County Jail filed a federal lawsuit on Wednesday against the county and several officers at the lockup alleging he was stunned repeatedly with a Taser, including in his groin, causing long-term injuries.

Kush Wilkerson, 29, makes claims for excessive use of force and violations of the Americans with Disabilities Act.

“Plaintiff Kush Wilkerson brings this lawsuit to seek justice against several correctional officers who brutally assaulted him at the Allegheny County Jail, the supervisors who knowingly enabled this brutality, and to bring awareness to the manner in which incarcerated people are treated in this county,” the lawsuit said.

Abigail Gardner, a county spokewoman, declined to comment.

Wilkerson, of Pittsburgh, is awaiting trial in September on charges of robbery and aggravated assault.

He has been held in the jail since July 5, 2023, and was previously diagnosed with post-traumatic stress disorder, ADHD, paranoid schizophrenia, bipolar disorder and major depressive disorder.

The lawsuit, filed by the Abolitionist Law Center, names as defendants three sergeants, including Hunter Sarver, William Sunday and Jason Holt, as well as officers Cody Covine and William Kemp.

It also sues the former warden, Orlando Harper, who retired in September 2023; Jason Beasom, a former deputy warden; and unidentified officers.

Sarver has been named as a defendant in at least six other federal lawsuits. In four instances, the cases were either dismissed for procedural deficiencies or Sarver was terminated as a defendant. Two lawsuits in federal court against Sarver are still pending.

According to the latest lawsuit, in 2023, the jail’s use of stun devices on those incarcerated there — 183 times that year — equaled approximately 43% of the statewide total.

‘Is he breathing?’

Wilkerson’s complaint alleges that on July 12, 2023, Sarver shocked Wilkerson with a Taser four times.

According to the complaint, on that date, Wilkerson encountered a former cellmate who he believed was to be kept separate from him. The lawsuit alleges that Wilkerson had previously filed a complaint against the man for committing obscene acts in front of him in their shared cell.

When Wilkerson saw the man, the lawsuit said, he was upset and swatted him on the back of the head in the day room before walking away.

About 15 to 30 minutes later, Sarver approached Wilkerson and accused him of punching the man, the complaint continued.

Sarver then moved Wilkerson into the pod’s sally port, ordering him to face the wall with his hands up, the lawsuit said.

Sarver cuffed one of Wilkerson’s hands, the lawsuit said. As Wilkerson turned toward the officer trying to explain himself, Sarver stunned him with the Taser in his torso, according to the lawsuit.

Wilkerson fell to the ground, and Sarver and Covine began punching him, the complaint alleges.

When Wilkerson tried to stand up, the lawsuit said, he was hit with the Taser a second time in his torso.

Wilkerson tried to get away, but he was pulled back down, and by that point eight to 10 officers were there “mainly punching him and kicking him,” the complaint said.

“While he was in this position, defendant Sarver shoved his Taser into Mr. Wilkerson’s groin area and deployed it. The Taser attached to Mr. Wilkerson’s scrotum, causing severe pain,” it continued.

Although Wilkerson was then fully handcuffed, the lawsuit said, Sarver deployed the Taser again, this time to his anus.

After that, “Mr. Wilkerson heard one correctional officer ask, ‘Is he breathing?’ ”

Wilkerson said he lost consciousness but woke up as he was being hauled to the elevator. The lawsuit alleges the officers carrying him rammed his head into the back of the elevator at least three times, and that they continued to kick and punch him and call him names.

“One correctional officer stated, ‘We’ll kill you,’ ” the lawsuit said.

Wilkerson claims he looked at Kemp and begged him to make the assault stop, but instead Kemp also punched him in the face, causing him to lose consciousness again.

‘Culture of violence’

In the days afterward, Wilkerson coughed up blood and bled profusely from his rectum, the lawsuit said. In addition, he said he continues to have headaches, a persistent eye glare, near daily rectal bleeding, anxiety, paranoia, nightmares, forgetfulness and flashbacks.

He also sometimes coughs up blood after physical activity, according to the complaint.

The lawsuit alleges that the supervisors in the jail failed to adequately train, supervise and discipline corrections officers regarding the use of excessive force.

The jail has been the subject of multiple lawsuits in recent years alleging improper medical and mental health care, overuse of solitary confinement and violations of use of force policies.

One of those suits settled last summer, requiring additional reviews of and discipline for those violations.

In January, Allegheny County Executive Sara Innamorato hired Trevor Wingard as warden of Allegheny County Jail. He had been retired after a career with the Pennsylvania Department of Corrections.

In his first several months on the job, Wingard received credit from the jail staff and oversight board that the facility was making progress.

Still, Tanisha Long, community organizer at the Abolitionist Law Center, said even though the allegations in the lawsuit occurred under the previous administration, “the culture of violence and those who committed the assault still remain.”

“Kush Wilkerson survived a violent assault at the hands of corrections officers, resulting in both physical and psychological trauma,” she said. “In order to protect our most vulnerable community members, the Allegheny County Jail must make significant cultural and staffing changes in order to end the violence against incarcerated people.”