Incarceration of Daniel Chong

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. 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.[https://www.nytimes.com/2012/05/03/us/daniel-chong-left-for-days-in-holding-cell.html "California Man’s ‘Drug Holiday’ Becomes Four-Day Nightmare in Holding Cell"] {{Webarchive|url=https://web.archive.org/web/20170310173817/http://www.nytimes.com/2012/05/03/us/daniel-chong-left-for-days-in-holding-cell.html |date=2017-03-10 }}, New York Times, May 2, 2012{{cite news | title = Man resorts to drinking urine after being forgotten in jail | date = May 2, 2012 | url = http://now.msn.com/now/0502-detained-student-suicide.aspx | work = MSN | access-date = 2012-05-03 | archive-url = https://web.archive.org/web/20120503214146/http://now.msn.com/now/0502-detained-student-suicide.aspx | archive-date = May 3, 2012 | url-status = dead }} The apartment was raided early on the morning of April 21 by the DEA, which seized marijuana, 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 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.{{cite web|url=http://www.nbcsandiego.com/news/local/Man-Detained-Four-Days-at-San-Diego-DEA-Office-149427965.html|title=Detainee Forgotten at DEA Office: Law Enforcement Source|author=Monica Garske|publisher=NBC San Diego|date=2012-04-29|access-date=2012-05-05|archive-date=2012-05-06|archive-url=https://web.archive.org/web/20120506053009/http://www.nbcsandiego.com/news/local/Man-Detained-Four-Days-at-San-Diego-DEA-Office-149427965.html|url-status=live}}{{cite web|url=http://www.kpbs.org/news/2012/may/02/san-diego-man-forgotten-cell-says-he-drank-urine/|title=San Diego Man Forgotten In Cell Says He Drank Urine|date=2012-05-02|publisher=KBPS|access-date=2012-05-05|archive-date=2012-05-06|archive-url=https://web.archive.org/web/20120506160936/http://www.kpbs.org/news/2012/may/02/san-diego-man-forgotten-cell-says-he-drank-urine/|url-status=live}} 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, [http://www.utsandiego.com/news/2012/may/01/man-abandoned-dea-cell-steps-forward/ "Man abandoned in DEA cell steps forward"] {{Webarchive|url=https://web.archive.org/web/20120502090427/http://www.utsandiego.com/news/2012/may/01/man-abandoned-dea-cell-steps-forward/ |date=2012-05-02 }}, San Diego Union Tribune, May 1, 2012 He was placed in a {{convert|5|x|10|ft}} 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, and ingested some methamphetamine that he found under a blanket inside the cell in order to keep himself awake{{clarify|date=June 2018}}. 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.{{cite news | first = Grieco | last = Sarah | author2 = Devine, Rory | title = DEA Ignored All My Cries: Student | date = May 2, 2012 | url = http://www.nbcsandiego.com/news/local/daniel-chong-ucsd-san-diego-dea-149758275.html | work = NBC San Diego | access-date = 2012-05-03 | archive-date = 2012-06-18 | archive-url = https://web.archive.org/web/20120618222825/http://www.nbcsandiego.com/news/local/daniel-chong-ucsd-san-diego-dea-149758275.html | url-status = live }}{{cite news | first = Andy | last = Campbell | title = Daniel Chong Drank Urine To Survive 5 Days In Holding Cell Without Food, Water | date = May 2, 2012 | url = https://www.huffingtonpost.com/2012/05/02/daniel-chong-dea-urine-cell-5-days_n_1470430.html | work = Huffington Post | access-date = 2012-05-03 | archive-date = 2012-05-04 | archive-url = https://web.archive.org/web/20120504213718/http://www.huffingtonpost.com/2012/05/02/daniel-chong-dea-urine-cell-5-days_n_1470430.html | url-status = live }} 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 where he remained for five days, including three in the intensive care unit.[http://latimesblogs.latimes.com/lanow/2012/05/uc-san-diego-student-dea-jail-outrage.html "UCSD student's 5-day ordeal in DEA jail sparks outrage, anger"] {{Webarchive|url=https://web.archive.org/web/20120507230106/http://latimesblogs.latimes.com/lanow/2012/05/uc-san-diego-student-dea-jail-outrage.html |date=2012-05-07 }}, 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.{{cite news|url=http://www.cnn.com/2013/07/30/justice/california-dea-settlement/index.html|title=Daniel Chong, forgotten in DEA cell, settles suit for $4.1 million|last=Wilson|first=Stan|date=July 31, 2013|work=CNN|access-date=31 July 2013|archive-date=1 August 2013|archive-url=https://web.archive.org/web/20130801013236/http://www.cnn.com/2013/07/30/justice/california-dea-settlement/index.html|url-status=live}}

On April 27, an anonymous caller alleged to the Office of the Inspector General that the DEA was attempting to cover up the incident.{{cite web |title=Summary of OIG Investigative Findings Regarding the Detention by The Drug Enforcement Administration of Daniel Chong |url=https://oig.justice.gov/reports/2014/e1407-summary.pdf |publisher=U.S. Department of Justice: Office of the Inspector General |date=July 2014 |access-date=2021-07-19 |archive-date=2021-04-15 |archive-url=https://web.archive.org/web/20210415120029/https://oig.justice.gov/reports/2014/e1407-summary.pdf |url-status=live }}

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."

Senator Barbara Boxer (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 (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.{{Cite web |url=http://reason.com/assets/db/13361565355701.pdf |title=Letter to DEA from Rep. Duncan Hunter dated May 3, 2012 |access-date=May 5, 2012 |archive-date=May 22, 2012 |archive-url=https://web.archive.org/web/20120522143947/http://reason.com/assets/db/13361565355701.pdf |url-status=live }}

San Diego NORML organized a protest outside the office at 4560 Viewridge Avenue on May 7, 2012, at 4:20.{{cite web|url=http://the420times.com/2012/05/protest-over-deas-treatment-of-daniel-chong-monday-may-7th/|title=Protest Over DEA's Treatment Of Daniel Chong – Monday, May 7th|publisher=The 420 Times|date=2012-05-04|access-date=2012-05-05|archive-date=2012-05-07|archive-url=https://web.archive.org/web/20120507060230/http://the420times.com/2012/05/protest-over-deas-treatment-of-daniel-chong-monday-may-7th/|url-status=dead}} The student government at UCSD denounced the DEA over the incident and asked UCSD Chancellor Marye Anne Fox to take a "clear stand" on Chong's treatment.[http://latimesblogs.latimes.com/lanow/2012/05/ucsd-student-government-denounces-dea-for-treatment-of-student.html "Student forgotten in jail: UCSD students denounce treatment"] {{Webarchive|url=https://web.archive.org/web/20120513041616/http://latimesblogs.latimes.com/lanow/2012/05/ucsd-student-government-denounces-dea-for-treatment-of-student.html |date=2012-05-13 }}, Los Angeles Times, May 7, 2012

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.{{cite news | first = Duke | last = Alan | title = Student forgotten in cell for 5 days will sue DEA | date = May 2, 2012 | url = http://www.cnn.com/2012/05/02/us/california-forgotten-prisoner/index.html?hpt=hp_t1 | work = CNN | access-date = August 12, 2012 | archive-date = July 15, 2014 | archive-url = https://web.archive.org/web/20140715151549/http://www.cnn.com/2012/05/02/us/california-forgotten-prisoner/index.html?hpt=hp_t1 | url-status = live }}{{cite news | first = Watson | last = Julie | title = Student left in cell for 4 days files $20M claim | date = May 2, 2012 | url = http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/01/national/a215603D99.DTL&tsp=1 | work = San Francisco Chronicle | access-date = 2012-05-03 | archive-date = 2012-05-03 | archive-url = https://web.archive.org/web/20120503091921/http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/01/national/a215603D99.DTL&tsp=1 | url-status = live }}{{cite news|first=Jeff |last=McDonald |title=Abandoned DEA detainee seeks $20 million |date=May 2, 2012 |url=http://www.utsandiego.com/news/2012/may/02/abandoned-dea-detainee-seeks-20-million/ |work=San Diego Union-Tribune |access-date=August 12, 2012 |archive-url=https://web.archive.org/web/20120812204241/http://www.utsandiego.com/news/2012/may/02/abandoned-dea-detainee-seeks-20-million/ |archive-date=August 12, 2012 |url-status=dead }}

In August 2013, Chong settled his claim against the DEA for $4.1 million.

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.{{cite news|url=http://www.utsandiego.com/news/2014/jul/09/tp-errors-cited-in-dea-detention-case/|title=Errors cited in DEA detention case|last=McDonald|first=Jeff|date=July 9, 2014|work=San Diego Union Tribune|access-date=14 July 2014|archive-date=15 July 2014|archive-url=https://web.archive.org/web/20140715060250/http://www.utsandiego.com/news/2014/jul/09/tp-errors-cited-in-dea-detention-case/|url-status=live}}

The DEA 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.Dana Ford, [http://www.cnn.com/2015/05/05/us/california-forgotten-prisoner/ DEA reprimands agents after student forgotten in cell for 5 days] {{Webarchive|url=https://web.archive.org/web/20150529051023/http://www.cnn.com/2015/05/05/us/california-forgotten-prisoner |date=2015-05-29 }}, CNN (May 5, 2015).Timothy M. Phelps, [https://www.latimes.com/nation/la-na-dea-chong-20150505-story.html Officials criticize DEA's light punishment of agents who forgot man in cell for 5 days] {{Webarchive|url=https://web.archive.org/web/20181229031406/https://www.latimes.com/nation/la-na-dea-chong-20150505-story.html |date=2018-12-29 }}, Los Angeles Times (May 5, 2015). 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.{{Cite web|url = http://www.latimes.com/nation/la-na-dea-chong-20150505-story.html|title = Officials criticize DEA's light punishment of agents who forgot man in cell for 5 days|website = Los Angeles Times|date = 5 May 2015|access-date = 11 May 2015|archive-date = 9 May 2015|archive-url = https://web.archive.org/web/20150509222339/http://www.latimes.com/nation/la-na-dea-chong-20150505-story.html|url-status = live}}{{Cite news|url=https://www.nbcnews.com/news/asian-america/ted-lieu-wants-civil-rights-investigation-daniel-chong-dea-case-n355196|title=Ted Lieu Wants Civil Rights investigation in Daniel Chong DEA Case|website=NBC News|access-date=2019-10-07|archive-date=2019-04-25|archive-url=https://web.archive.org/web/20190425000646/https://www.nbcnews.com/news/asian-america/ted-lieu-wants-civil-rights-investigation-daniel-chong-dea-case-n355196|url-status=live}} 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.{{Cite web |url=https://www.stltoday.com/news/national/student-left-in-dea-cell-to-get-million-from-us/article_c7263c80-a7a4-5cce-8fa0-c2f88a147b76.html |title=Student left in DEA cell to get $4 million from US : Stltoday |access-date=2020-02-20 |archive-date=2013-07-31 |archive-url=https://archive.today/20130731142525/http://www.stltoday.com/news/national/student-left-in-dea-cell-to-get-million-from-us/article_c7263c80-a7a4-5cce-8fa0-c2f88a147b76.html |url-status=dead }}

The DEA said it has introduced national detention standards including daily inspections and cameras in cells.{{cite news|url=https://www.stltoday.com/news/national/student-left-in-dea-cell-to-get-million-from-us/article_c7263c80-a7a4-5cce-8fa0-c2f88a147b76.html|archive-url=https://archive.today/20130731142525/http://www.stltoday.com/news/national/student-left-in-dea-cell-to-get-million-from-us/article_c7263c80-a7a4-5cce-8fa0-c2f88a147b76.html|url-status=dead|archive-date=July 31, 2013|title=Student left in DEA cell to get $4 million from US|date=July 30, 2013|work=Associated Press, cited by St. Louis Post-Dispatch|access-date=31 July 2013}}

{{reflist}}

• [http://www.dea.gov/divisions/sd/sd.shtml United States Drug Enforcement Administration San Diego Division]

Category:Drug Enforcement Administration

Category:2012 in California

Category:Prisoners and detainees of the United States

Category:April 2012 in the United States