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U.S. man left in cell 4 days

Daniel Chong
He's forgotten after drug bust questioning

SAN DIEGO — After two days of being handcuffed in a tiny holding cell and desperate for food and water, Daniel Chong said he realized he had to stop wondering when he’d be let out and start thinking about how to stay alive.

Entering what he called “survival mode,” and already drinking his own urine, he futilely tried to trigger an overhead fire sprinkler for some water, stacking clothes and a blanket and swinging his cuffed arms in an attempt to set it off.

Chong, 23, a student at the University of California, San Diego, had been picked up in a drug sweep but was never arrested or charged.

He spent four days forgotten in the windowless cell before Drug Enforcement Administration agents opened the door.

“I just couldn’t believe that this was legal,” Chong said in an interview Wednesday with the Associated Press. “I’m thinking ‘no way.’ ”

After his release, he spent five days in the hospital for dehydration, kidney failure, cramps and a perforated esophagus. He had lost 15 pounds.

Attorneys for him filed a $20 million claim Wednesday against the Drug Enforcement Administration, saying his treatment constitutes torture under U.S. and international law.

The five-page notice, a required precursor to a lawsuit, was sent to the DEA’s chief counsel in Washington. The $20 million figure refers to the maximum Chong and his lawyers would seek.

The top DEA agent in San Diego, William R. Sherman, said in a news release that he was “deeply troubled” by what happened to Chong.

Sherman said he has personally ordered an extensive review of his office’s policies and procedures. The agency declined to say what those were.

Chong said no one has contacted him personally to apologize.

The incident stands out as one of the worst cases of its kind, said Thomas Beauclair, deputy director of the National Corrections Institute, a federal agency that provides training and technical assistance to corrections agencies.

“That is pretty much unheard of,” he said, noting that, in his 40-year career, he has heard of instances where people were forgotten overnight but not for days.

A federal law enforcement official familiar with DEA operations said the agency’s protocols require that cells be checked each night. The official, who spoke on condition of anonymity because he was not authorized to discuss the matter, said the cell where Chong was held is not intended for overnight stays because it does not have a toilet.

Federal lawmakers are demanding a thorough investigation. Democratic Sen. Barbara Boxer sent a letter Wednesday to Attorney General Eric Holder.

“Please provide me with the results and the actions the department will take to make sure those responsible are held accountable and that no one in DEA custody will ever again be forced to endure such treatment,” the letter stated.

Chong told the AP that he went to his friend’s house April 20 to get high.

Chong slept there that night and, the next morning, agents stormed into the house. The raid netted 18,000 ecstasy pills, other drugs and weapons. Nine people, including Chong, were taken into custody, according to the DEA.

Chong was questioned then agents told him he was not a suspect and would be released shortly. He signed some paperwork, was put in handcuffs and sent back to the holding cell.

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