Wednesday, June 29, 2016 at 03:50PM
Rev. Ajabu




STATE OF INDIANA          )                              IN THE SUPERIOR COURT OF

                                       )SS:                        MARION COUNTY, COURT G21

COUNTY OF MARION        )                              49-G04-1507-OV-024910



OF MARION COUNTY, INDIANA,                             )

PUBLIC HEALTH DIVISION                                    )


                                Plaintiff                                 )



                V,                                                         )


MMOJA AJABU                                                       )


                                Defendant                             )




                On June 16, 2016, this Court held a compliance hearing in this matter. The Court ordered the Defendant, Mmoja Ajabu to serve seven (7) days in the Marion County Jail. During this seven (7) days in the jail Defendant experienced treatment best described as torture. In support of petition for injunctive relief Defendant states the following:


  1. 1.       Part of processing into the Marion County Jail involved Defendant being interviewed by medical department.
  2. 2.       Defendant informed medical department he has high blood pressure.
  3. 3.       Defendant informed medical that Veterans Hospital had previously prescribed Lisinopril and Losartan to address his high blood pressure.
  4. 4.       Defendant informed medical that he was found to be allergic to both medicines so was now taking beet juice and Apple Cider Vinegar with the mother (“Cocktail”) to keep his blood pressure down.
  5. 5.       VA is aware of Defendant taking this cocktail and knows it is working very well.
  6. 6.       Defendant’s cocktail holds his blood pressure on average to 120/78.
  7. 7.       After being processed Defendant was placed in Cell Block 4(R).
  8. 8.       Defendant informed prison guards that Defendant was remanded to jail because he would not authorize sewage pipes to be ran across his well water.
  9. 9.       CWA Authority, Inc. (“CWA) has contract with the City of Indianapolis to handle its wastewater collection and treatment system.
  10. 10.   CWA is incorporated as a non for profit with the State of Indiana.
  11. 11.   Defendant informed guards that he was not going to put his family’s health at risk to increase the wealth of CWA (dba Citizens).
  12. 12.   To not connect property to public sewage line is not a crime.
  13. 13.   Defendant is being treated as a criminal.
  14. 14.   Defendant to be treated as a criminal is not justice.
  15. 15.   June 16, 2016 Defendant went on a hunger strike to highlight his unjust treatment.
  16. 16.   Defendant refrained from consuming food or water.
  17. 17.   Defendant informed jail officers that brought trays of food that he was on hunger strike.
  18. 18.   June 17, 2016 Defendant was called out of Cell Block 4(R) at about 8:30p.m.
  19. 19.   Defendant was informed he was being put on suicide watch.
  20. 20.   Officers informed Defendant that if Defendant was going to mess with them then they were going to mess with him.
  21. 21.   Defendant was placed in a cell block entrance on the 4th floor that guards kept referring to as number “5”.
  22. 22.   Defendant was feeling light headed and was losing balance.
  23. 23.   Defendant had not had any blood pressure medicine for two (2) days.
  24. 24.   These symptoms were present during Defendant’s first stroke in April of 2015.
  25. 25.   Defendant continually asked, but was denied access to see a doctor.
  26. 26.   Defendant was informed by officers to not ask again for a doctor.
  27. 27.   Defendant tried to explain to officers that he feared he was having a stroke.
  28. 28.   Officers informed Defendant they did not care what he was having just don’t again ask for a doctor.
  29. 29.   Defendant ask the officer if a supervisor was available.
  30. 30.   An officer who stated he was the supervisor told Defendant to be quiet and shut up.
  31. 31.   Defendant later found out the supervisor to be named Hendrix.
  32. 32.   Defendant does not know correct spelling of Officer Hendrix’s name.
  33. 33.   Defendant does not know if Officer Hendrix gave him his correct name.
  34. 34.   Defendant again tried to explain he feared he was having a stroke and would really like to see a doctor.
  35. 35.   Two officers, one being officer Hendrix, came menacingly into the cell block and started kicking the mat on which Defendant lay.
  36. 36.   Defendant feared officers wanted to beat him up.
  37. 37.   Officers stated that if Defendant asked for a doctor one more time they were going to put the hand cuffs on him.
  38. 38.   Defendant tried in his most sincere voice to let the officers know that he really felt the need to see a doctor.
  39. 39.   Officers aggressively and in an intimidating tone told Defendant to roll over on his stomach.
  40. 40.   Defendant complied.
  41. 41.   Officer Hendrix place cuffs on Defendant with Defendant’s hands behind his back.
  42. 42.   Officer Hendrix placed the cuffs so tight that blood circulation was cut off to Defendant’s hands.
  43. 43.   Defendant cried out, and actually cried because of the excruciating pain.
  44. 44.   While in this torturous situation an Officer who identified himself as Gordy entered into the cell space where Defendant lie on the floor.
  45. 45.   Officer who was with Officer Hendrix told Officer Gordy to kick Defendant and make sure Defendant wasn’t dead.
  46. 46.   Officer at the desk and who had escorted Officer Hendrix instructed Officer Gordy to kill Defendant if Defendant wasn’t dead.
  47. 47.   Officer Gordy ran toward Defendant and swung his heavily booted foot at Defendant’s head.
  48. 48.   Officer Gordy then stepped back and swung his heavily booted foot at Defendant’s midsection.
  49. 49.   All three of the officers had a sinister laugh at the intimidation while I lay on the floor being tortured by the handcuffs.
  50. 50.   Gordy left still laughing and disappeared into the cell block.
  51. 51.   Defendant was in unbearable pain.
  52. 52.   Defendant informed the two officers that he would be silent if they removed him from this state of torture.
  53. 53.   The officer who was with Officer Hendrix after extracting more submissive statements from Defendant, came and removed the cuffs.
  54. 54.   Officer Gordy eventually came back through and menacingly stated to Defendant “ain’t nothing wrong with you.”
  55. 55.   On June 16, 2016, about 11:30 p.m. a nurse appeared with her medical cart.
  56. 56.   Defendant asked if she was a nurse to which she turned her back toward Defendant and gave no reply.
  57. 57.   The nurse left.
  58. 58.   Defendant assumes she went to attend to other inmates.
  59. 59.   About one half hour later she with Officer Hendrix entered into the cell where Defendant lay.
  60. 60.   They went passed Defendant and attended to a couple of people further into the cell block.
  61. 61.   Upon their return to leave the cell the nurse finally stopped to address my concern.
  62. 62.   Defendant explained that he had high blood pressure and recently suffered from a stroke.
  63. 63.   Defendant shared that he was experiencing similar signs now that was experienced prior to his stroke.
  64. 64.   Nurse complied with Defendant’s request to take his blood pressure and found it to be 161/101.
  65. 65.   This reading is extremely high.
  66. 66.   Defendant’s normal blood pressure is approximately 120/78.
  67. 67.   Nurse now seemed very concerned.
  68. 68.   She ask if Defendant had shared his medical situation with the nurses during initial processing.
  69. 69.   Defendant confirmed he had exposed his high blood pressure situation during initial processing.
  70. 70.   Nurse produced a medical request form for Defendant to fill out.
  71. 71.   Defendant advised nurse that he had filled out two of the same request forms and had received no response.
  72. 72.   Nurse then advised that it would help if Defendant authorized Marion County Jail to obtain my medical records from Veterans Hospital.
  73. 73.   Defendant did not want to release VA medical records to Marion County Jail so he refused.
  74. 74.   Approximately two A.M. o’clock, June 17, 2016, Defendant was escorted by Officer, who identified his name as Hendrix, to the nurse that was to evaluate Defendant for being suicidal.
  75. 75.   Hendrix is the same officer that oppressively put the handcuffs on Defendant.
  76. 76.   Defendant advised nurse he was on hunger strike not because he wanted to kill himself.
  77. 77.   Defendant advised nurse he was on hunger strike to protest the court trying to make him run a sewer line over his well water.
  78. 78.   Nurse, as did Officer Hendrix, agreed that I should stick to my stance.
  79. 79.   Nurse diagnosed that Defendant was in no way suicidal and could be returned to the cell block from which Defendant was originally retrieved.
  80. 80.   Nurse understood that Defendant was on hunger strike for political reasons.
  81. 81.   Officer Hendrix took Defendant to a holding cell on the fourth floor.
  82. 82.   The holding cell was across the hall from where Defendant had previously been staying for suicide watch.
  83. 83.   About two hours later and approximately 4 a.m. another guard came to take Defendant to suicide cell block.
  84. 84.   Defendant saw Officer Hendrix come into the area and ask why Defendant was being escorted to suicide block which was counter to nurse’s diagnoses.
  85. 85.   Hendrix informed Defendant that the doctor had over ruled the nurse’s diagnoses.
  86. 86.   Defendant was taken to the basement and placed in the suicide cell block.
  87. 87.   Upon the opening of the cell block door Defendant notice standing water that was one half inch deep.
  88. 88.   Defendant notice the water smelled strongly of urine and contained feces.
  89. 89.   Defendant was instructed to wade through the water and enter cell #3.
  90. 90.   When Defendant entered cell #3 he notice roaches scurrying on the wall and on the bunk.
  91. 91.   The toilet and the bowl appeared to be infested with mold.
  92. 92.   Defendant was instructed to remove all his clothes including his socks and shoes.
  93. 93.   Defendant had no choice if he were to sit but to sit butt naked on a roached infested bed.
  94. 94.    The floor was covered with half inch of water that contained urine and feces.
  95. 95.   Defendant had to eliminate.
  96. 96.   Defendant ask the guard for toilet paper.
  97. 97.   Defendant was refused toilet paper.
  98. 98.   The afternoon of June 18, 2016 nurse came and conducted interviews with Defendant and two others in the same block but in our own individual cells.
  99. 99.   Defendant believes this to be the same nurse that had diagnosed him to not be suicidal.
  100. 100.                        There were approximately six (6) of us in this block in individual cells.
  101. 101.                        Defendant vaguely remembers Byron Spearman, nicknamed “B Down”, to be in cell #2.
  102. 102.                        Defendant was in cell #3.
  103. 103.                        Defendant vaguely remembers Kerry to be in cell #5.
  104. 104.                        Another man, who name evades Defendant, was in cell #7.
  105. 105.                        Another man was in cell #8 who was very sick and who believe he had swallowed some glass.
  106. 106.                        He never received medical treatment while Defendant was in this block.
  107. 107.                        Kerry reported that there were roaches running up the wall in his cell.
  108. 108.                        All of us were living under the same horrible conditions.
  109. 109.                        Defendant asked nurse what it would take for Defendant to get out of these torrid conditions.
  110. 110.                        Nurse informed Defendant that he would have to start eating.
  111. 111.                        Defendant is Christian.
  112. 112.                        Defendant is not a proponent of Muslim religion.
  113. 113.                        Defendant, out of respect and honor for Muhammad Ali, was eating on the schedule of Ramadan before he was confined in jail.
  114. 114.                        Defendant informed nurse that he would break his hunger strike if he could be returned to the original cell block, given a bottom bunk, and was allowed to eat on the schedule of Ramadan.
  115. 115.                        Nurse informed Defendant that she didn’t think that was acceptable but would check with doctor.
  116. 116.                        On afternoon, or early evening of June 19, 2016 Nurse returned to cell block and informed Defendant that doctor had accepted my conditions.
  117. 117.                        The evening of June 19, 2016 Defendant was released from the torturous conditions of the suicide block and placed in Cell Block 4-R.
  118. 118.                        Defendant never did receive medicine to address Defendant’s high blood pressure.
  119. 119.                        Defendant has not been charged with a crime.
  120. 120.                        Defendant has not been tried by a jury of his peers.
  121. 121.                        Defendant has not been tried at all.
  122. 122.                        Defendant has not been convicted of a crime.
  123. 123.                        Defendant was never suicidal although Defendant believes Officers were trying to kill Defendant.
  124. 124.                        WHEREFORE, Defendant pray for the relief set forth below:


  1. 125.                        Paragraphs 1-124 are incorporated herein by reference, the same as though set forth in full.
  2. 126.                        Assert jurisdiction over this action.
  3. 127.                        Order the Marion County jail to cease and desist from the inhumane treatment of Defendant and any other person detained in any facility controlled by the Marion County Sheriff.
  4. 128.                        Order the Marion County Sheriff to insure that Defendant, while detained, is getting the medication he takes for his high blood pressure.
  5. 129.                        Order the Marion County Sheriff to release Defendant’s medical records to him or his designee.
  6. 130.                        Declare the behavior by the Marion County Jail as unconstitutional and a violation of Defendant’s fourth, fifth, and fourteenth amendment rights.
  7. 131.                        Grant such other and further relief as the Court deems proper.

Respectfully submitted this 30th day of June 2016.


                                                                                                Mmoja Ajabu, Defendant, pro se


Certificate of Service


      The undersigned hereby certifies that, on June 30, 2016, a copy of the foregoing DEFENDANT, MMOJA AJABU PETITION FOR INJUNCTIVE RELIEF FROM INHUMANE TREATMENT was hand delivered in courtroom E-600 to Plaintiff’s representative.



                                                                  Mmoja Ajabu, Defendant pro se


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