DAYTON — A man is suing several Montgomery County Jail employees after he was injured in what he describes as a “brutal attack” while in custody.
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Khalid Mustafa, of Miamisburg, filed the personal injury lawsuit in December, alleging negligence, assault, and battery against jail staff on January 5, 2025.
The lawsuit states it happened when Mustafa had less than a month left on a six-month sentence for violating a restraining order.
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The alleged attack happened after a corrections officer claimed Mustafa “stepped out of line and became upset” while waiting to get his medications.
Another corrections officer decided he should be moved to a different area and ordered Mustafa to gather his belongings.
Mustafa claims he was pulled to his feet by two corrections officers and hit by one, forcing him into the shower room in his pod. There, the lawsuit claims at least four corrections officers “viciously beat and pepper (sprayed)” him.
Mustafa had to be evaluated by medical personnel and transported to Kettering Health Dayton. The lawsuit states he suffered several injuries, including hemopneumothorax, multiple rib fractures, and a fracture of the left orbital floor.
He was hospitalized until Jan. 11, 2025, but then had to be readmitted the next month with severe pain from his fractured ribs.
The lawsuit claims the conduct by the staff “was extreme and outrageous, as they negligently and recklessly, brutally and viciously beat Mustafa, knowing that he was no immediate threat, in violation of established police protocols.”
News Center 7 reached out to the Montgomery County Sheriff’s Office about the lawsuit. We received the following statement from Sheriff Rob Streck:
“All use of force incidents that occur within the Montgomery County Jail are subject to a thorough internal review. Following the incident involving inmate Khalid Mustafa, the Montgomery County Sheriff’s Office requested that the Warren County Sheriff’s Office conduct an independent and impartial investigation. That investigation was completed in April 2025.
The Warren County Sheriff’s Office determined that no policy violations or wrongdoing occurred during the incident.
Corrections Officers utilized force in accordance with their training and within established policy to gain compliance. Once Mr. Mustafa was restrained and handcuffed, he was immediately assessed by jail medical staff and transported to a local hospital for treatment."
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