The actions and the failure to act of the supervisory personnel, in failing to properly screen, hire, train and supervise give rise to, but are not limited to the following causes of action: negligence, negligent infliction of emotional distress, violation of statutory duty, and a Bivens violation based on the foregoing. The deprivation of food and water for four and one half days while the person is handcuffed the entire time constitutes torture under both international and domestic law.
Chong spent a total of five days in the hospital. The last two days he was in the cell he was in total darkness as the lights had been turned off. He was handcuffed the entire 5 days.
Original Post 5/2/12
What a nightmare. The DEA forgot it arrested a college student and left him in a holding cell -- for 5 days. The cell was 5' by 10' with no bathroom. Since they forgot he was there, no food or water were provided. Nor did they hear his screams.
A San Diego college student who federal drug agents forgot and left in a holding cell for five days without food, water or access to a toilet said Tuesday that he drank his own urine to survive.
...Chong said he could hear the muffled voices of agents outside his five-by-10-foot windowless cell and the door of the next cell being opened and closed. He kicked and screamed as loud as he could, but apparently, his cries for help went unheard.
More here from NBC San Diego which first reported the story. Chong started losing his sanity, and got so desperate he tried to commit suicide in the holding cell. He broke his eyeglasses and scratched a message to his mother on his arm. He then ingested the glass.
There was some white powder left in his cell by a previous "guest." He ingested it and it turned out to be meth.
When he was finally discovered five days later, he was rushed to the hospital suffering from, among other things, kidney failure. He spent three days in the intensive care unit.
Chong had been at a friend's house when the DEA conducted a raid. 9 people were arrested and Chong says the DEA told him he'd be released. He says one agent even offered to drive him home. Instead, they forgot him. The DEA confirmed in an email to NBC that Chong is not under arrest.
NBC also confirmed through a former prosecutor that the holding cells have no bathrooms.
Here's a video interview with Chong.
Chong missed his midterms and has been so affected he may not go back to school. His lawyer is planning a lawsuit against the DEA.