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U.S. Army lieutenant who was pepper-sprayed, beaten and handcuffed during a traffic stop in Virginia can bring wrongful imprisonment and assault and battery claims to jury, federal judge rules did.
But Tuesday’s summary judgment said federal immunity statutes protected the two officers involved from facing Caron Nazario’s allegations if he complained about their actions. .
U.S. District Judge Roderick C. Young also ruled that the officer who pulled Nazario in the first place was responsible for illegally searching the soldiers’ SUVs for guns in violation of the U.S. Constitution and Virginia state law, and ruled in that regard. The issue of damages is a jury. Nazario had a concealed carry permit.
A traffic stop of uniformed officers in the small town of Windsor in December 2020 was followed by police body camera images and video of the encounter on his cell phone in April 2021 after Nazario filed a complaint. quoted and attracted public attention and outrage. He has never been charged with any crime.
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Nazario was returning home from duty in the dark when Officer Daniel Crocker radioed him to stop the vehicle, which had no rear license plate and had no tinted windows, the lawsuit states. Body camera video later showed a temporary tag taped to the inside of the rear window.
“Lieutenant Nazario did not appear to have a safe place to stop in the immediate vicinity, so for the safety of the officer and himself, Lt. Nazario continued slowly down U.S. Route 460,” the lawsuit said. Says. Nazario drove less than a mile below the speed limit until he reached the well-lit parking lot of a BP gas station.
Crocker said the driver was “escaping police” and deemed it a “high-risk traffic stop,” according to reports cited in the lawsuit. Another officer, Joe Gutierrez, was driving. and joined him.
The situation escalated as both officers quickly pointed their guns at Nazario and tried to drag him out of the car with his hands in the air, according to the complaint. Gutierrez pepper-sprayed Nazario many times.
At one point, Nazario said he was afraid to go outside, but Gutierrez replied, “You should.”
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When Nazario went outside and asked for a supervisor, Gutierrez “knelt” at his feet and knocked him to the ground.
Officer Gutierrez was later fired for failing to follow department policy during the stoppage. A special counsel concluded late last month that Gutierrez should not be criminally charged under Virginia law, but should be investigated by the U.S. Department of Justice for possible civil rights violations.
A federal judge on Tuesday held Nazario on the grounds of an improperly displayed license plate and charged him with police fleeing, obstructing justice, and failing to comply when he refused to get out of his car. I have decided that there is a reason.
But Young said the wrongful imprisonment, assault, and assault allegations made under state law by Nazario can move forward because Virginia law “provides only immunity for local officials from lawsuits alleging negligence.” .
Explaining his summary judgment in Crocker’s gun search, Young wrote that “a firearm was not adequate evidence of a crime of escaping or obstructing justice.” Nazario’s insistence that he did not intervene because he was harassed could lead to a trial, Gutierrez said.
Gutierrez’s attorney, Jessica Ann Swoger, did not immediately respond to an email seeking comment.
Jonathan Arthur, one of Nazario’s leading attorneys, said the judge’s ruling was a victory, even though three federal claims were dismissed.
“Whether it’s under federal law or state law, the jury is going to talk,” Arthur said. I hope that.โ
Crocker’s attorney, Ann C. Lahren, said the remaining questions were “typical” questions for jurors and were rarely decided at this stage of a civil case. He also noted that the officer had determined that the stop itself and the subsequent police order were lawful.
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“Lieutenant Nazario’s own actions caused an unfortunate but legal expansion of power…” wrote Lahren. Then this wouldn’t have been necessary.”