Asheville man claims jail guard assaulted him, put him in solitary confinement: Lawsuit
ASHEVILLE – An Asheville man awaiting trial in the Buncombe County Detention Facility has filed a lawsuit against the county jail alleging a detention officer assaulted him, and his colleagues covered it up. A district court judge’s ruling now gives Marcus Singleton until Sept. 28 to file a new complaint, or his legal pursuit will be quashed before it ever begins.
Singleton, 37, filed the lawsuit in July pro se, meaning he is representing himself. It was received by the court July 21.
Singleton is accusing former Buncombe County detention officer Michael Cavallaro of physically and verbally assaulting him in his cell Dec 27, 2022. Cavallaro removed his utility belt and radio before entering Singleton’s cell and challenging him to an altercation, Singleton alleged. Singleton said he defended himself. Singleton also noted an incident that occurred April 27, 2023, but documentation concerning that incident was not included in the publicly available online filing.
According to the lawsuit, which Singleton hand wrote on yellow legal paper and on a form for civil rights violation complaints, one of the cameras that would have captured the assault was not functional. Sgt. Johnny Clontz and Lt. Kenneth Varner cropped the footage that partially captured the altercation, the complaint alleges, only showing Singleton defending himself, not Cavallaro’s initial challenge. The Citizen Times reached out to Clontz for comment and could not reach Varner for comment.
Personnel records obtained Sept. 1 by a Citizen Times public records request show that Clontz and Varner still work at the jail. Cavallaro resigned Aug. 11. He works security at the Rathbun House, which provides temporary housing for family members and caregivers visiting people undergoing medical treatment in Asheville, the organization's website shows as of Sept. 15. Cavallaro worked for the jail for 22 months. When reached by the Citizen Times, he declined to comment.
Buncombe County Sheriff’s Office spokesperson Aaron Sarver declined the Citizen Times’ request for video and any documentation of the altercation, saying that it is not public record, according to state law. Sheriff Quentin Miller told the Citizen Times that he was aware of the lawsuit but declined to comment on legal matters. Sarver also declined to comment for the same reason.
Solitary confinement
Singleton was ultimately disciplined for this altercation. He told the Citizen Times in a video call that directly after the incident, he was placed in solitary confinement, and ultimately spent about 60 days between solitary confinement and pre-isolation. In the lawsuit he wrote that Clontz recommended 50 days of administrative segregation and sanction time as punishment. Administrative segregation removes a detainee from the general population into an isolated cell while a disciplinary matter pends, according to a North Carolina Department of Correction Handbook. Sarver could not fulfill Citizen Times' request for the jail policy by press time.
Singleton Complaint by Mitchell Black on Scribd
Singleton said he requested an advocate for his hearing concerning the incident but was denied. He wrote in the lawsuit that his time in solitary confinement induced anxiety attacks.
Singleton is awaiting trial on 15 mostly drug-related charges; some of which are felonies. He was initially booked Dec. 1, 2021, court documents indicate. His bond is $220,000. Singleton’s criminal attorney, Ted Besen, told the Citizen Times in an Aug. 29 text that he did not know anything about Singleton’s civil suit.
Shane Brown, the owner of Shane Brown Bail Bonds, which has an Asheville location, told the Citizen Times Sept. 15 that individuals seeking to pay bond typically need to pay between 0% and 15% of their bond depending on their charge, location and if they have a cosigner. Singleton told the Citizen Times Sept. 15 that he doesn't have the funds to pay for his bond. If Singleton were to pay the maximum portion of his bond, he would pay $33,000.
Singleton is requesting $750,000 in relief for the emotional distress he endured and for all his ongoing medical expenses to be covered. Singleton would like the state department to investigate the facility. He said in the July legal filing that he had still not received medical treatment for his anxiety but told the Citizen Times Sept. 15 that he is now receiving Xanax.
Not all of Singleton’s lawsuit is available in the online federal court documentation system. Some of the documentation he refers to in the suit is not present in the online records system, because they are sealed. Another officer, Daniel Holmes, is cited as a defendant in the suit. None of the unsealed documentation explains his role. Holmes also still works at the jail, according to personnel files obtained Sept. 1. The Citizen Times reached out to Holmes for comment.
No additional charges have been brought against Singleton for his role in the altercation.
Deadline to refile lawsuit
United States District Judge Robert J. Conrad Jr. dismissed the case without prejudice in an Aug. 29 order, giving Singleton until Sep. 28 to file an amended complaint. Conrad refers to documents in an attachment to the legal filing, which is not available to public viewing because it is under seal. His courtroom deputy, Brittany Lynch, told the Citizen Times Sept. 15 that the judge made his ruling based on the full 66-page filing.
Singleton Order by Mitchell Black on Scribd
According to Conrad’s order, Singleton brought “multiple unrelated claims against unrelated defendants.” He also notes that Singleton, who sued officers in their official capacity, failed to bring an official capacity claim because he did not “allege that any official policy was the moving force behind any constitutional injury.” Conrad instructed Singleton to “succinctly and clearly allege the factual basis for each claim and which constitutional right(s) he contends were violated by which conduct.” He also told the clerk to send Singleton a blank civil rights violation complaint form. Singleton told the Citizen Times he intends to send out the new filing Sept. 18. Jail employees did not deliver Conrad's Aug. 29 order to Singleton until Sept. 7, Singleton said.
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Conrad’s order also conjectured that Singleton may also be claiming that the altercation caused him to suffer from Post Traumatic Stress Disorder, but Singleton’s medical records indicate that he was diagnosed with PTSD prior to the event. These documents are sealed. Singleton told the Citizen Times Sept. 15 that he was not trying to say that his PTSD was a consequence of the time in solitary confinement, but that his time in isolation aggravated his condition.
The Citizen Times previously reported that the Buncombe County Detention Facility was the deadliest jail in North Carolina from 2008 to 2021 of the ten largest detention systems in the state.
“I want the public to know what is going on. This is inhumane. They completely violate my rights,” Singleton said. “This is taxpayer money that’s paying for these people to come in here and do this. It’s not right.”
This article was updated to clarify that the 2022 Citizen Times investigation found that the county jail was the deadliest of the 10 largest detention systems in the state.
Do you have an experience in the Buncombe County jail that you want to share? We want to learn about it. Email Mitchell Black at mblack@citizentimes.com. Please help support local journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: Man awaiting trial claims Buncombe jail violated his civil rights
