Incarceration of Daniel Chong
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The incarceration of Daniel Chong was an incident in April 2012 in San Diego, California, when agents from the U.S. Drug Enforcement Administration (DEA) left a detained student locked in a holding room for five days. The cell contained no food, water or bathroom facilities."Student's ordeal: How was Daniel Chong lost in DEA detention?"
MSNBC, May 4, 2012
When he was found, he had to be hospitalized for several days for a variety of medical problems. The incident touched off a national furor, resulting in several investigations. The incident has been described as a " Kafkaesque nightmare," a "debacle," and "one of the worst cases of its kind." Chong subsequently sued the DEA; the government settled the suit for $4.1 million.Stan Wilson
Daniel Chong, forgotten in DEA cell, settles suit for $4.1 million
CNN (July 30, 2013).


Incident

At the time of the incident, Daniel Chong was a 23-year-old student at the University of California, San Diego, a senior majoring in engineering, who is originally from Cerritos in
Los Angeles County Los Angeles County, officially the County of Los Angeles, and sometimes abbreviated as L.A. County, is the most populous county in the United States and in the U.S. state of California, with 9,861,224 residents estimated as of 2022. It is the ...
. On April 20, 2012, he was at a friend's apartment in the University City neighborhood of San Diego, where he and his friends were celebrating the 4/20 holiday, a day that refers to cannabis usage."California Man’s ‘Drug Holiday’ Becomes Four-Day Nightmare in Holding Cell"
New York Times, May 2, 2012
The apartment was raided early on the morning of April 21 by the DEA, which seized
marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...
, hallucinogenic mushrooms, and 18,000 ecstasy pills, along with guns and ammunition. Chong and eight other people were transported to the DEA field office in the
Kearny Mesa Kearny Mesa is a community in the central part of San Diego, California. It is bounded by State Route 52 to the north, Interstate 805 to the west, Aero Drive to the south, and Interstate 15 to the east. Adjacent communities include Serra Mesa, C ...
neighborhood of San Diego, where they were interrogated. Seven of the nine detainees were then taken to county jail, one was released, and Chong was accidentally left in a holding cell at the DEA office, according to the DEA. Chong says he was told that he had been in the wrong place at the wrong time and that he would be released and even given a ride home.McDonald, Jeff
"Man abandoned in DEA cell steps forward"
San Diego Union Tribune, May 1, 2012
He was placed in a holding cell, his wrists bound in handcuffs. He was then left in the windowless cell for five days despite repeated cries for help. He could hear people walking around outside the room but could not get their attention. At one point the lights went off for several days. While locked up, he was starving and hallucinating. He claimed that, while incarcerated, he had to drink his own urine for
hydration Hydration may refer to: * Hydrate, a substance that contains water * Hydration enthalpy, energy released through hydrating a substance * Hydration reaction, a chemical addition reaction where a hydroxyl group and proton are added to a compound * ...
, and ingested some
methamphetamine Methamphetamine (contracted from ) is a potent central nervous system (CNS) stimulant that is mainly used as a recreational drug and less commonly as a second-line treatment for attention deficit hyperactivity disorder and obesity. Methamph ...
that he found under a blanket inside the cell in order to keep himself awake. At one point he bit the lens in his eyeglasses to break it, carved the phrase "sorry mom" in his arm with the shards, and swallowed the glass. By the time he was discovered on April 25, he was hallucinating and completely incoherent. Upon his discovery on April 25, Chong was taken to Sharp Memorial Hospital in
Serra Mesa Serra Mesa is a community in San Diego, California, roughly between Interstate 805 and Interstate 15, north of Friars Road and south of Aero Drive. It is named for Junípero Serra, a Majorcan (Spain) Franciscan friar who founded the Mission San Di ...
where he remained for five days, including three in the intensive care unit."UCSD student's 5-day ordeal in DEA jail sparks outrage, anger"
Los Angeles Times, May 3, 2012
He was treated for various problems including dehydration, near-failure of his kidneys, and a perforated lung from eating broken glass. He was never charged with any crime. Chong later returned to UC San Diego.


DEA reaction

On April 27, an anonymous caller alleged to the Office of the Inspector General that the DEA was attempting to cover up the incident. On May 2, DEA San Diego acting special agent-in-charge William R. Sherman issued a statement saying "I am deeply troubled by the incident that occurred here last week. I extend my deepest apologies to the young man and want to express that this event is not indicative of the high standards that I hold my employees to. I have personally ordered an extensive review of our policies and procedures."


Other reactions

Senator
Barbara Boxer Barbara Sue Boxer (née Levy; born November 11, 1940) is an American politician and lobbyist who served in the United States Senate, representing California from 1993 to 2017. A member of the Democratic Party, she previously served as the U.S. ...
(Democrat of California) called for an "immediate and thorough" investigation of the matter by the Department of Justice. Representative Darrell Issa (Republican of California) demanded a congressional investigation. Representative
Duncan D. Hunter Duncan Duane Hunter (born December 7, 1976) is an American former politician and United States Marine who served as a U.S. representative for from 2013 to 2020. He is a member of the Republican Party, who was first elected to the House in 2008 ...
(Republican of California) asked the DEA for a full account of the incident as well as a report on detention policies and the steps DEA is taking to address this and any other incidents.Letter to DEA from Rep. Duncan Hunter dated May 3, 2012
/ref> San Diego NORML organized a protest outside the office at 4560 Viewridge Avenue on May 7, 2012, at 4:20. The student government at UCSD denounced the DEA over the incident and asked UCSD Chancellor
Marye Anne Fox Marye Anne Payne Fox (9 December 1947 – 9 May 2021) was an American physical organic chemist and university administrator. She was the first female chief executive of North Carolina State University in Raleigh, North Carolina. In April 2004, Fo ...
to take a "clear stand" on Chong's treatment.


Chong's suit against DEA and settlement

Chong sued the Drug Enforcement Administration in May 2012, alleging that his treatment constituted torture under the law and seeking damages for pain and suffering, future medical and psychiatric treatment, and loss of future earnings. In August 2013, Chong settled his claim against the DEA for $4.1 million.


Inspector General's report

On July 8, 2014, the Office of the Inspector General (OIG) of the U.S. Justice Department issued a report on this case. The OIG said they intervened in the investigation because it appeared the local DEA office was investigating the matter on its own, contrary to protocol, and because at least two of the local agents who were investigating the case had been involved with Chong and thus had a conflict of interest. Among other findings, the OIG report (issued as an executive summary) said that Chong was seen or heard while trapped in the holding cell by four DEA agents, who did nothing because they assumed someone else was taking care of it. The report also charged that supervisors responded improperly and in a way that compromised any potential criminal prosecutions of agents at fault.


DEA Internal review, punishment and aftermath

The
DEA The Drug Enforcement Administration (DEA; ) is a United States federal law enforcement agency under the U.S. Department of Justice tasked with combating drug trafficking and distribution within the U.S. It is the lead agency for domestic enf ...
concluded its internal investigation of the incident in March 2015 and punished all six agents involved with letters of reprimand and additional suspensions of five and seven days, respectively, without pay, for two of them. Chong's lawyer, Gene Iredale, has expressed his disappointment over the punishments, labeling them "insufficient," a sentiment echoed by many lawmakers and administrators, including Congressman Ted Lieu (D-Los Angeles), who has called for a civil rights investigation into the case. The Department of Justice, in a letter to Congress, has also articulated its dismay, stating that such incommensurate penalties are symptomatic of institutional inadequacies with the DEA "disciplinary process" and promising forthcoming recommendations for its improvement. Congress has also vowed rectification of said process by giving the DEA "administrator more authority over civil service disciplinary rules;" DEA officials have blamed this lack of authority for their Agency's history of inadequately disciplining and punishing its employees. These concerns and promises voiced, however, only target improvements to the DEA's disciplinary process to punish employees for incidences, like that experienced by Chong, after the fact and not to any potential systemic problems that allow them to happen in the first place. These latter issues, DEA spokesperson Rusty Payne assures, have been fixed, and such an assurance appears to have placated most lawmakers and administrators for now. The DEA said it has introduced national detention standards including daily inspections and cameras in cells.


References

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External links


United States Drug Enforcement Administration San Diego Division
Drug Enforcement Administration 2012 in California Penal system in the United States