Tag Archives: excessive force

Cops Drag Legless Driver After Wild Pursuit Crash

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The driver of a black GMC Sierra, who led the Arkansas State Police on an absolutely insane high-speed pursuit, did actually have legs. However, dash cam video shows that his legs appeared to be injured and totally limp, as officers dragged him across the road, handcuffed, and shoved him into the rear of a police car. Was that a constitutional violation?

On May 20, 2023, at 3:21 p.m. Arkansas State Police Trooper Jackson Shumate initiated a traffic stop on a black GMC Sierra, at US Highway 67 South at the 3 mile marker along with Trooper T. Van Schoyck and Trooper A. Escamilla. The vehicle was known to be driven by 42-year-old Christopher Monroe. Arkansas State Police said before this chase, Monroe was already wanted for drug traffic charges out of Sherwood, Arkansas. On May 4th, 2023 he fled from ASP before doing the same on the 19th. Ten days prior, police in Rockwell County, Texas put out a warrant for his arrest for evading in a motor vehicle.

Police attempted to box him in, bur failed and the chase was on. At one point early in the interaction Trooper T. Van Schoyck attempts to PIT the vehicle but ends up failing and sliding into a concrete barrier instead. Despite that failure to stop the vehicle, the police continue to chase Monroe as speeds climb. Monroe and the police cars following him cross over the Arkansas River going around 120 mph (193 km/h). Monroe then turns around and makes it only a few blocks before being hit from behind by police, which causes him to roll his truck. The GMC eventually hits a brick wall and comes to a stop on its wheels.

Because of how forceful the crash is, the police car itself almost flips. Later, Monroe is removed from the car by police who had surrounded it. Police found 64 grams of ecstasy, 100 grams of meth, 436 grams of cocaine, 89 grams of fentanyl pills, 182 grams of marijuana, 12 grams of heroin, and 46 grams of Xanax. Along with a Taurus handgun and numerous drug paraphernalia, Monroe also had $8,612 in cash in the car. He was charged with trafficking fentanyl and cocaine, possession of narcotics and methamphetamine with intent to deliver, felony fleeing, simultaneous possession of drugs and a firearm, aggravated assault of law enforcement and criminal mischief.

An arrestee has a constitutional right to be provided with medical care if there was a known, serious need for medical care. A serious medical need is one that has been diagnosed by a physician as requiring treatment, or one that is so obvious that even a lay person would easily recognize the necessity for a doctor’s attention. 

Deliberate indifference is established only if there is actual knowledge of a substantial risk that the arrestee required medical treatment and if the Defendants disregarded that risk by intentionally refusing or failing to take reasonable measures to deal with the problem. Mere negligence or inadvertence does not constitute deliberate indifference. 

Cops Shot Kid Who Called For Help | HUGE Settlement!

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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.

Officer Stomps Handcuffed Man and Gets Himself Arrested

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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.

COVERUP: Cop’s 44 Criminal Charges Dropped

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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.

Tased For Filming Son’s Traffic Stop | Lawsuit!

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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.

Raw footage: Officer 1. Officer 2.

VIDEO: K9 Released in Client’s Home | LAWSUIT

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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. 

Help END Qualified Immunity. DONATE to the Institute for Justice:

https://ij.org/support/give-now/thecivilrightslawyer/

Woman Claims Traffic Stop Caused Miscarriage | Cops Release Footage

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This woman was 6 and a half months pregnant when she was pulled over by New York State troopers on March 20. She alleged that she was forced off the road, pulled out of her vehicle, and then treated roughly by the troopers, resulting in her having an emergency C section on the same day, ending in the death of the unborn child. She hired an attorney who called for an investigation in an interview with the media, claiming that civil rights were violated and that the child’s death was homicide, caused by the troopers, claiming she was yanked out of her car like a “rag doll” and slammed on the hood of a vehicle. 

In response, the New York State Police released the body cam footage, along with a statement announcing that a “quantity of fentanyl and methamphetamine was located secreted” in the woman’s body. Does the footage corroborate the claims, or exonerate the troopers? 

Bodycam: Cop Shoots Cop | BOTH Suspended

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Two police officers in Clearwater, Florida, were suspended following an incident wherein they both shot at each other in the darkness. They responded to a call about a man firing a gun in his backyard. They approached silently, in the darkness, positioned themselves, and when the man fired a round, they both essentially mag-dumped at each other. One of the officers was hit.

According to the Tampa Tribune:

Reid fired 18 rounds and Woodie fired six, according to internal affairs documents. Reid fired toward where he saw a “muzzle flash,” believing that direction to be Wassman’s location. However, he did not see Wassman, internal affairs documents say.

Woodie told internal affairs he saw a person in dark clothing holding a gun and believed he was firing at Wassman. However, one of Woodie’s bullets grazed Reid’s arm, and officers also found four “projectile materials” from Woodie’s rounds in a neighboring home.

The original body cam footage can be viewed here.

Cops BEAT Innocent College Kid | His Attorney Explains | Now at SCOTUS

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A college student is walking down the sidewalk. Suddenly he is grabbed by multiple police officers wearing plain clothes. He has no idea they’re police officers. He thinks he’s getting mugged. Bystanders think he’s getting mugged. They call 911. It looks like a mugging. They take his wallet. They beat him. But they were cops. Not just any cops. They were federalized into a task force. You are an innocent victim. Can you sue them? 

Qualified immunity is bad enough. But imagine an America where the federal government can deputize your local law enforcement and take them completely out of state and local control. Imagine they can violate your constitutional rights and there’s nothing you can do about it. Imagine they have more than just qualified immunity, but you basically can’t sue them at all. That’s what’s at issue in this important case, King v. Brownback, being appealed to the U.S. Supreme Court by the Institute for Justice – for a second time.

I recently had the opportunity to talk to Patrick Jaicomo, who has already argued this case once before the Supreme Court. He explains the backstory about what happened to James King, as well as the extraordinary lengths the government has gone to keep an innocent victim from ever seeing a jury over the violation of his constitutional rights. 

This is an extremely important issue because we are seeing these federal task forces pop up all over the country. If the courts take the position that state and local officers are effectively federal officers, they basically can’t be sued. Courts will say, yeah he violated your constitutional rights, but there’s nothing you can do about it. So far, that’s what has happened to James King. He was completely innocent and local police officers beat the hell out of him. But he couldn’t sue them. 

The Institute for Justice is asking the Supreme Court to fix this problem. Here’s some insight from one of the country’s top civil rights lawyers about this case and about what you can do to help. The King case is important because it’s undisputed that James was innocent; that his civil rights were violated. The only real issue is whether, as a citizen, there’s anything he can do about it. If a private citizen beat him, he could sue him and seek money damages before a jury. But here he can’t because he was beaten by his government. 

If they were just regular state and local cops, it wouldn’t be a problem. He would beat qualified immunity. But here they have been hiding behind the protection of the federal government. Even though they were in fact state and local cops enforcing state and local laws. If this is allowed, I think we’ll see much more of this federal deputization, just to allow local police to violate the constitution without consequences. That can’t happen. 

DONATE to the Institute for Justice:

https://ij.org/support/give-now/

VIDEO: Tased & Arrested After Walmart Call | His Lawyer Explains

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Check out this brand new footage from Cabot, Arkansas – yet another Walmart video – submitted to me by this man’s lawyer. Walmart calls the cops and reports a non-crime. Usually they do this without ever asking the individual to leave; they just call the cops. Then the cops show up and likewise don’t ask the person to leave, but instead, they demand an ID in the absence of any legitimate suspicion of criminal behavior. 

So no crime has been committed, but the person gets detained. As I’ve explained numerous times, what is required for police to detain someone against their will? Is it enough that a Walmart employee doesn’t like the way you look, or something about you? No. Police must have reasonable suspicion to detain you. When you are forced to stop and talk to them and provide ID, that’s a detainment. Reasonable suspicion is required.

Here’s the civil lawsuit, just filed:

Here’s the police report: