Kentucky Civil Rights Lawyer Chris Wiest just filed a federal lawsuit in Ohio alleging multiple constitutional violations occurring during the arrest of Demetrius Kerns, which was caught on viral bodycam footage. You may have seen Chris on some of my prior videos. He joined me to talk about the footage and the lawsuit.
Here’s the complaint:
There’s a huge update to the case where my client, Darius Lester, was shot by a SWAT team, while trying to sleep in his home. As explained previously, he had no criminal record and had committed no crime. The West Virginia State Police was executing a search warrant for that residence that was entirely unrelated to Darius. They claimed that Darius confronted them and came at them with a hammer, for which they charged him with a felony. That charge has now been to court….
A civil jury in Wayne County, Michigan just awarded a $9.3 million dollar verdict against a Dearborn police officer after he performed an unconstitutional arrest of a kid on a bicycle. The false arrest and ensuing excessive force during the “rough arrest” was captured on officers’ bodycams.
The Loveland Police Department has released bodycam footage for an incident in which former 28-year-old officer Russell Maranto hit a suspect who was in protective custody in May of this year. The rookie cop was fired three days later. Does it violate an arrestee/detainee’s constitutional rights to be hit by a police officer while handcuffed? What about if the person spits on the officer?
The family of Christian Glass, who was shot and killed by police last year after calling for help from the side of the road, will receive $19 million from the state of Colorado and local authorities as part of a settlement, making it the largest police settlement paid by the state and one of the largest in the country.
Indianapolis police officer Eric Huxley was filmed headstomping a handcuffed man. After the video surfaced, he ended up being the one arrested. Now he has been found guilty in federal court of violating the man’s civil rights.
Press conference footage here.
To determine whether a police officer applied excessive force in violation of the Fourth Amendment, we instead examine officers’ actions “in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.” Graham v. Connor, 490 U.S. 386, 397, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). Specifically, we examine “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. at 396, 109 S.Ct. 1865.
A judge in Hamilton County, Tennessee, dismissed a 44-count indictment against a former Hamilton County Sheriff’s Office deputy Friday morning. This is the same officer featured in a prior video, detailing the multiple lawsuits against him, including the time he forcibly baptized a woman he arrested.
More here on the Klaver traffic stop, including a breakdown on the law regarding the length of traffic stops.
Have you seen these videos where innocent people get pulled over by the police due to a mistaken belief that their car is stolen? Then the police point their firearms at them and treat them like a criminal, before realizing the mistake. That can’t be constitutional, can it?
In April of this year, several people, including one child, were pulled over by the Lehi City Police when an officer said he received an alert and confirmed from dispatch that a vehicle had been stolen after running a license plate. The only problem was, it was a mistake. The vehicle was not stolen. The department has not explained the reason the officer ran their license plate in the first place.
They get pulled over and next thing you know, they see police officers approaching with guns pointed at them. One of the vehicle’s occupants pulled out his cell phone and began recording the incident. One thing led to another. The media began to report on it. KUTV reported that a high-risk traffic stop was performed on the vehicle, because according to the police statement, “routine protocol is to have guns pointed at the vehicle during a high-risk vehicle stop.”
A statement released Monday by the Central Utah Emergency Communications Center revealed that the dispatcher failed to recognize that the flagged information they reported back to the officer was actually a NCIC wanted HIT which was verified only by a partial vehicle identification number taken down in the incident which was never confirmed. The incomplete VIN of the stolen vehicle was identical to a string of seven numbers from the VIN of the vehicle that was wrongly pulled over. So, “the dispatcher failed to see that the actual plate number given was not stolen,” according to the Lehi Police Department statement. They said they have taken corrective action with the dispatcher involved.
So, the vehicle stopped was not stolen, nor was it displaying a stolen plate. The vehicle occupants were released from custody after about 20 minutes and then left the scene in their vehicle. Officials of the Lehi City Police Department called the incident “rare” and “unfortunate.” But this is not an isolated occurrence. This happens all the time.
Aurora, CO: A father records from a distance as cops approach his wife, guns drawn. His three year old child, still in the vehicle. This woman thought it was just going to be a regular traffic stop. But she was wrong. Bodycam footage shows the officers discussing the fact that they’re going to perform a so-called high-risk stop, with guns drawn, as per their department policy. This was apparently the result of officers marking the wrong box on a form. The vehicle had been previously repossessed and then reclaimed. But on the form it was marked stolen by mistake.
But that wasn’t the only time. It happened to another family. A woman with her car full of kids was in a parking lot in Aurora, looking for a nail salon, when all of a sudden police descended on her, allegedly because a license plate reader flagged her car as stolen. The family in the car, kids included, were made to exit the vehicle and lay on the ground.
The car was not stolen. Another mistake. What was the mistake this time? The actual stolen vehicle flagged by the plate reader was a motorcycle with the same number – but from a different state. So yet again: innocent people in a non-stolen car; police make the mistake; yet the innocent people get guns pointed at them. Why? They say it’s their policy. Officer safety, of course.
Raymore, MO: In August of 2022, a Raymore, Missouri couple was held at gunpoint by the Raymore Police. The video went viral first on Tik Tok and then hit the TV news.
So this was another mistake situation. Their son’s truck had been stolen just days before. But then it was recovered. The police then failed to take the truck off the stolen vehicle registry. So they got the “high risk stop” or “felony stop” treatment. Like the other victims, they were pissed and no longer back the blue types. This couple’s son is actually an attorney and he’s apparently pissed too – and summed it up well.
Fairfax, VA: In October of 2022, a mom and her 5 year old and 1 year old daughters were on their way to Walmart in Fairfax County, Virginia when they noticed a police car trailing them. Next thing you know, the vehicle pulled up beside them, then the police car rammed them, the police car striking their car head-on. Guns were drawn and she was handcuffed and her kids were put in a police car. Police later just said she ended up not being the person they were looking for. Another mistake. Apparently the vehicle was listed as “wanted.” But it wasn’t.
Norwalk, CT: It can even happen to the General Manager of the Yankees, Brian Cashman. Same old story. His Jeep was stolen and then recovered. But government employees did what government employees do. They just kept the stolen classification and then gave him the “high risk stop” treatment at gunpoint. At least for a few minutes before recognizing him and kissing his ass.
This is obviously far from an isolated incident. This apparently happens all the time. There are more examples out there. What do they all have in common? Innocent people – could be your father, mother, sister, wife – all held at gunpoint by your government agents, not in response to anything they did, nor any threat presented by them. Rather, it’s just their policy.
What happened to protect and serve? These are the people police officers have sworn to protect. All to often, those individuals are victimized in the interests of officer safety. In all of these incidents, though the police will apologize, they say it’s policy. Because it’s a “high risk” or “felony” stop. But is that enough to aim a gun at someone? I argue that it’s not.
What’s the law? Here, with Lehi, Utah being in the 10th Circuit, we have two real cases that happened that the courts have contrasted:
In Maresca v. Barnalillo County (10th. Cir. 2015), officers at gunpoint ordered a family out of a suspected stolen truck. The officers forced the family of two parents and three minor children to exit the vehicle and lie face down on the highway. The officers first removed the parents, who pleaded with the officers that there had been a mistake, that they should check the father’s license, and that there were children and a dog in the car. Even though one officer on the scene considered the situation “a little weird,” the officers ignored the parents’ repeated pleas to recheck whether the vehicle was in fact stolen and proceeded to order the three children out one-by-one.
The officers then handcuffed each family member (except the youngest) and locked them in separate patrol cars, keeping their weapons trained on the family throughout despite full compliance with their orders. The court found the forceful measures unnecessary and unconstitutional, primarily because the officers had no reason to believe the family possessed firearms.
Contrast that with a more recent case, Hemry v. Ross (10th Cir. 2023), where it was reported to the officers making the stop that the driver was a fugitive murderer. The court noted that in the case of a suspected stolen car, there’s nothing specific indicating that the car’s occupant may be armed. But where the driver is believed to be an actual murderer, officers acted reasonable in holding the man at gunpoint during the stop.
The point is, without more, police officers should not be aiming firearms at people. Reasonableness is the key. Aiming guns based on clerical entries and government policy is rarely going to be reasonable. Doing so should be based on actual perceived threats presented by the persons with whom they’re dealing.
This footage shows a man being confronted, arrested and tased by police officers, after he pulled over on the side of the road to observe and record a traffic stop involving his son. Did he have a right to observe and record the traffic stop? Or can the police make him leave – or worse?
Kenneth Espinoza was driving to a shop to get his truck serviced. His son was following him separately in another vehicle. But then, his son was pulled over by a deputy with the Las Animas County Sheriff’s Office, for allegedly following too closely to the police car. His father then pulled over behind the deputy to observe the stop and wait for his son.
But that’s not the main story here. Rather, the story becomes the officers on the scene getting butthurt about the father observing and waiting behind the stop. In the bodycam video, Deputy Henry Trujillo is seen walking up to the father’s window. He tells Espinoza he needs to leave the scene, or else he’ll be charged. Espinoza refuses, but moments later can be seen then attempting to leave the scene, at which point the deputies prevent him from leaving, including by pointing weapons at him.
The footage then shows the father being tased multiple times, including while handcuffed.
Prosecutors have now dropped all charges against Espinoza. He had been charged with resisting arrest and assaulting a peace officer. Espinoza’s lawsuit also alleges that Deputy Trujillo shouldn’t have even been a deputy in the first place, due to his criminal history. In 1997 he was charged with felony menacing with a weapon, which was pled down to misdemeanor disorderly conduct. The following year, he was convicted of misdemeanor harassment. According to the father’s attorney, that conviction should have barred Trujillo from becoming certified as a police officer in Colorado. There were also multiple restraining orders filed against Trujillo, including a 2006 domestic abuse allegation, including a stalking and assault allegation from 2007. Apparently a protective order was entered against him.
But there’s more. Trujillo was apparently forced to resign from the sheriff’s office in 2009 due to a conviction that is now sealed. What was it? We don’t know. Because it’s sealed. But then, he was rehired in 2010. Then in 2018 he was promoted. Now he’s third in command. The Las Animas County Sheriff released a statement saying he has asked for help from an outside agency to review the actions of his deputies. He said that Deputy Trujillo is still on active duty.
What is the law here? Did the father have a right to wait and observe at his son’s traffic stop? The bodycam footage indicates that the father was not just waiting and observing the stop, but also recording the stop. That’s the most important fact here.
It just so happens that Colorado, which is in the 10th federal circuit, is where case law just dropped last year on this very issue. And it’s not good for the officers. The case is: Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022). Here’s the backstory:
Early in the morning on May 26, 2019, Abade Irizarry, a YouTube journalist and blogger, was filming a DUI traffic stop in Lakewood, Colorado. Officer Ahmed Yehia arrived on the scene and stood in front of Mr. Irizarry, obstructing his filming of the stop. When Mr. Irizarry and a fellow journalist objected, Officer Yehia shined a flashlight into Mr. Irizarry’s camera and then drove his police cruiser at the two journalists.
Mr. Irizarry is a “Youtube journalist and blogger” who “regularly publishes stories about police brutality and conduct or misconduct.” On May 26, 2019, he and three other “YouTube journalists/bloggers” were filming a DUI traffic stop with their cell phones and cameras “for later broadcast, live-streaming, premiers, and archiving for their respective social medial channel[s].”
Here’s what the court held:
Filming the police performing their duties in public is protected activity. Police Officers in Colorado will be deprived of qualified immunity where they violate a citizen’s First Amendment right to film police performing their duties in public and take retaliatory actions against them. Officers standing in front of a camera, threatening violence, including aiming police cruisers at the individual, violate the First Amendment.
This never-before-seen footage shows my client being attacked by a police K9 in Moundsville, Marshall County, West Virginia. Cops were looking to arrest her on a probation violation. She was scared and hiding under some clothes. The K9 was used, not only to search and find her, but to punish her by violently biting and attacking her. Today we filed a federal civil rights lawsuit.
Here’s the full complaint filed in federal court:
When a K9 is deployed on a citizen, that individual is “seized” for Fourth Amendment purposes. Assuming the seizure itself was lawful, the issue is whether the seizure may be “unreasonable” due to being an excessive level of force. The deployment itself of a police K9 during the course of a seizure may be unreasonable, depending on the circumstances. Courts look to the Graham Factors: the severity of the crime at issue, whether the suspect is actively resisting or evading, and most importantly, whether the suspect poses an immediate safety threat to the officer, or others.
Here’s the police report:
Kandi Wood was severely injured on arm due to the K9 attack:
Repeatedly over the years, the Courts have held generally that the use of serious or violent force, i.e., disproportionate force) in arresting or seizing an individual that has surrendered, or who is not actively resisting or attempting to flee, and who does not present a danger to others, is an unreasonable excessive force violation.
The Fourth Circuit has also held that sending a police dog into a home that contained a burglary suspect, without warning, resulting in severe injuries to the homeowner, was an excessive force violation. Vathekan v. Prince George’s County (4th Cir. 1998). Furthermore, doing so where the suspect was surrounded by police officers is itself unreasonable and excessive, even where a warning is given. (Kopf v. Wing (4th Cir. 1991).
The 7th Circuit has denied qualified immunity to a police officer where he failed to call off a police dog that was mauling a “non-resisting (or at least passively resisting) suspect.” Becker v. Elfreich (7th Cir. 2016). That Court also denied qualified immunity to an officer who commanded a dog to attack a suspect who was already complying with orders, and where there were multiple backup officers present. Alicea v. Thomas (7th Cir. 2016).
The Fourth Circuit cited that last case in 2017 as providing “fair warning” to police officers that they will lose qualified immunity where an officer deploys a police dog against a suspect was was “not in active flight at the time he was discovered,” but was “standing still, arms raised….” Booker v. S.C. Dep’t of Corr. (4th Cir. 2017).
Where K9s are deployed, a warning should be given, along with an opportunity to surrender, where possible. Deploying K9s on suspects who have been already subdued, surrounded, or who are not actively resisting or evading arrest, is also likely excessive force, with or without a warning. Deploying K9s on suspects who pose no immediate threat is generally going to be unreasonable. K9s should only be deployed where there exists a serious immediate safety threat in a tense, fast-moving situation, where there’s some actual reason for doing so.
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