September 29, 2022

An Oregon sheriff’s deputy was caught in the act punching a disabled man in the face while three other officers pushed his wheelchair into a prison cell.

John Malaer, 63, was left partially naked on the floor of the cell with a small prison smock that did not cover his body by officers from the Jackson County Sheriff’s Office.

He claims he couldn’t access a catheter he needed to relieve himself and ended up in jail after his wheelchair got stuck on a sidewalk.

Malaer was forced to throw rocks at a nearby store on July 11, 2019, when he was 60, in an attempt to attract the attention of those in attendance for help, but was arrested instead.

The disabled homeless advocate spent 20 hours in custody on charges of disorderly conduct and harassment before being released and the charges dismissed.

Horrifying footage shows the disabled man being beaten by Jackson County Representative Brian Kolkemo before being dragged from his wheelchair.

Kolkemo, who earns $75,875 a year, is seen violently beating the disabled activist and admitting to law enforcement that he hit him again — describing it as a “distraction punch.”

He told state police that Malaer waved his arms and grabbed at officers as they tried to put him in a prison coat, adding that he chose to slap him instead of dumping him out of the seat.

Oregon Department of State agents are seen dragging Malaer out of his wheelchair as they try to put him in jail

Jackson County Rep. Brian Kolkemo, pictured, admitted to hitting the disabled activist twice as a “distraction punch”

Malaer drags himself on the mat while calling for help, while another deputy admits to punching him again during a state police investigation.

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He had to urinate on the cell floor several times because he didn’t have his catheter and only had access to water through the cell toilet because he couldn’t reach the sink.

Malaer filed a complaint with the Medford Police Department upon his release, and the Oregon State Police Department was investigating the matter.

His attorney, Alicia LeDuc Montgomery, wrote in a federal civil rights lawsuit, “The use of force was not necessary because Plaintiff was already handcuffed, paralyzed and held in the wheelchair by other deputies.”

Malaer is suing the deputy who beat him, the Jackson County Sheriff’s Office, other officers and the Medford Police Department.

He alleges that they made a false and malicious arrest, used excessive force, retaliated, discriminated against and violated his rights under the Americans with Disability Act.

Malaer filed a complaint with the Medford Police Department upon his release, and the Oregon State Police Department was investigating the matter. He was handcuffed while sitting in his wheelchair, which had broken down

Four deputies overpowered him when he was taken to jail, and his charges were later dropped

The lawsuit also alleges that officers forced his head between his legs when he was handcuffed to a wheelchair in prison during processing.

Malaer was stranded after his motorized wheelchair broke down and was forced to throw rocks at the store to get someone’s attention to help him.

However, the store clerk called the police, who found that nothing was damaged and no one was injured.

Malaer managed to free himself after passers-by helped, and he tried to get on the bus before Medford agent Omar Esqueda told him to get in.

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He then yelled at the officer, who replied, ‘You’re a jerk, get out’, before taunting him by saying, ‘You think you can’t go to jail because you’re in a wheelchair. ‘

The officer is said to have subsequently made comments to bystanders that Malaer had “p****ed in his wheelchair” before “impeding, demanding, insulting and inciting” him before his arrest.

Officers allege Malaer was intoxicated and threatened the officers, including a bullet to the head, noting that he was not armed.

Malaer had to urinate several times on the cell floor because he didn’t have his catheter and only had access to water through the cell toilet because he couldn’t reach the sink

Sheriff claims Malare had access to a toilet and slept in the cell for the first two hours

Officer Michael Wulff told Malaer, “You talk a lot of nonsense because you’re in a wheelchair,” adding, “Writing your mouth checks that your body can’t cash in.”

Malaer was then taken to jail while an officer went to get a charger for his wheelchair and officers took the medical catheter from the house to their property room.

His lawsuit alleges he was repeatedly targeted by officers in retaliation for his public criticism of law enforcement while on the Jackson County Continuum of Care Board.

It says he was subjected to “cruel and unusual punishment because the sheriff’s officers did not appreciate the words that came out of my mouth.”

Malaer says the videos of him in prison show that he is “mature”, adding: “that’s why I was mistreated and neglected”.

Jackson County Sheriff Nathan Sickler, who oversees the jail, has urged a judge to drop the case, denying that deputies violated Malaer’s civil rights.

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Sickler claims Malaer was drunk, swearing and “threatening” towards officers and deputies when he arrived at the prison.

In response to the lawsuit, the sheriff’s attorney, Johan Pietila, claimed that Malaer was “uncooperative during the downing and refused to remove clothing or answer questions” while with the care nurse.

His lawsuit alleges he was repeatedly targeted by officers in retaliation for his public criticism of law enforcement while on the Jackson County Continuum of Care Board

However, they acknowledge that Malaer asked to be taken to hospital, a request that was declined, with handwritten notes on his prison form stating that he was paralyzed from the waist down.

The sheriff also claims that Malare had access to a toilet and that he slept in the cell for the first two hours.

After about five and a half hours in the cell, he would have been given a prison wheelchair, a cup of water and another safety smock.

Pietilla denies allegations that Malaer did not receive “adequate care” while he was in custody before the sheriff’s office.

Sheriff Deputy Chad Miller told state police he heard a bang but hoped it was a bang, adding that he heard another prison officer laugh at the incident.

One deputy sheriff interviewed told state police that he had previously seen other sheriff’s officers beating prisoners, while another interviewee said it’s not normal practice.

State police referred their investigation to the Jackson County District Attorney’s Office for consideration of fourth-degree assault and harassment charges against Kolkemo, but prosecutors declined to pursue the case.

It’s unclear if Kolkemo has received any disciplinary action from the sheriff, and prosecutors dropped the charges against Malaer last year.