Santa Clara County Counsel James Williams wrote in a Feb. 10, 2020, memo to the Board of Supervisors that a jury could find that the sheriff essentially signed off on unconstitutional conduct by a jail supervisor at the scene of Hogan’s injuries.
That would open up the county to even greater liability, according to the memo.
Hogan, then 24, was arrested Aug. 10, 2018, on a minor offense in hopes, according to his attorney, that he would be treated in the psychiatric unit of the county’s Main Jail. Hogan has schizoaffective disorder and had been unable to get treatment, his attorney said. He ended up being held in the Elmwood Men's Facility until Aug. 25, 2018, when he began to beat his head against the wall of a jail cell.
Corrections officers decided to transfer him, and coaxed him into a steel-caged prisoner transport van.
“There were 10 million things they did wrong,” Hogan’s attorney Paula Canny said. “And Andy suffered 10 million dollars worth of injuries and profoundly impacted his life, his parents' life, the life of his brothers, his grandmother, everybody that loved Andy.”
The county plans to soon release video that captured different phases of the incident; some four hours of footage is still being redacted. Both the county counsel’s memo and the OCLEM report cite video that has yet to be made public.
On the approximately 12-minute drive between the two jails, Hogan started to bang his head on a steel beam.
“One of the deputies estimated that Mr. Hogan struck his head at least 50 times,” while en route, the county counsel’s memo says. After the van arrived at the main jail, video captured an unidentified sheriff’s supervisor peeking into the van while a nurse assessed Hogan and suggested he immediately be transported by ambulance to the hospital.
The first unnamed supervisor noticed “there was an extreme amount of blood coming from the top of his head dripping onto his face,” according to the OCLEM report.
But the supervisor then shut the door to the van and called for the jail’s emergency response team to suit up in protective gear to extract Hogan.
The supervisor can be heard on video saying that in the meantime “Hogan ‘will do all the damage he wants [to himself],’” according to the county counsel’s memo, which says the supervisor “appears harsh and insensitive to Hogan’s needs.”
“It was horrifying,” Canny said about the sergeant’s statement. “There’s two things that are horrifying about that: One, that that was her perception, and two, as she said it, the nurse was standing right next to her and did nothing to correct her. To me it’s a double whammy.”
Several minutes passed while ambulance personnel and jail staff waited for the specialized jail team to arrive.