U.S. District Judge Roderick C. Young also ruled that the officer who initially pulled Nazario over is liable for illegally searching for a gun in the soldier's SUV in violation of the U.S. Constitution and Virginia law, leaving the question of damages on that point up to a jury. Nazario had a concealed carry permit.
The December 2020 traffic stop of the uniformed military officer in the small town of Windsor drew national attention and outrage after Nazario sued in April 2021, citing police body camera images and his cellphone video of the encounter. He was never charged with a crime.
The lawsuit says both officers escalated the situation by immediately pointing their guns at Nazario and trying to pull him out of the vehicle while he kept his hands in the air. Gutierrez pepper-sprayed Nazario multiple times as the officers yelled for him to get out.
At one point, Nazario said he was afraid to get out, to which Gutierrez replied: “You should be.”
When Nazario did get out and ask for a supervisor, Gutierrez responded with “knee-strikes” to his legs, knocking him to the ground, where the two officers struck him multiple times and then handcuffed and interrogated him, the lawsuit says.
The judge also wrote that Nazario’s claims under the U.S. Constitution of unlawful seizure and excessive force present questions about the officers' conduct that could be put before a jury. But Young threw out the allegations under the federal doctrine of qualified immunity, which balances accountability with the need to shield officials who reasonably perform their jobs.
For example, the judge wrote that there is not a “clearly established right prohibiting the aiming of firearms, the use of threats or the use of OC spray against a suspect who has repeatedly refused to comply with lawful commands to exit a vehicle.”
The allegation that Nazario’s free speech was violated was also tossed under the federal immunity doctrine.
For example, the judge wrote that there is not a “clearly established right prohibiting the aiming of firearms, the use of threats or the use of OC spray against a suspect who has repeatedly refused to comply with lawful commands to exit a vehicle.”
The allegation that Nazario’s free speech was violated was also tossed under the federal immunity doctrine.
However, Young said Nazario's claims under state law, false imprisonment and assault and battery, can move forward. The judge wrote that Virginia law “only provides local officials immunity from suits alleging negligence.”
Explaining his summary judgment on Crocker's search for the gun, Young wrote that “the firearm was not relevant evidence for the crimes of eluding or obstruction of justice." However, he said Nazario’s claims that Gutierrez knew about the search and failed to intervene could proceed to trial.
Now you understand just how little your freedom of speech matters, or your liberty, when police are involved.
This federal judge clearly points out that a citizen who is not illegally driving, but under the mistaken identity of incompetent police who can't see the legal display of a temporary license plate, has no freedom of speech, and is a slave that must obey "under the federal doctrine of qualified immunity, .... the need to shield officials who reasonably perform their jobs." even when they don't reasonably perform their jobs.
That is why the police that murdered George Floyd were not fired by their police dept until after, and why they only were convicted of murder after, the vast number of people and news outlets showed that police killed Floyd over 9 minutes of intentional and unnecessary suffocation and circulation obstruction,
The allegation that Nazario’s free speech was violated was also tossed under the federal immunity doctrine.However, Young said Nazario's claims under state law, false imprisonment and assault and battery, can move forward. The judge wrote that Virginia law “only provides local officials immunity from suits alleging negligence.”
Explaining his summary judgment on Crocker's search for the gun, Young wrote that “the firearm was not relevant evidence for the crimes of eluding or obstruction of justice." However, he said Nazario’s claims that Gutierrez knew about the search and failed to intervene could proceed to trial.
Now you understand just how little your freedom of speech matters, or your liberty, when police are involved.
This federal judge clearly points out that a citizen who is not illegally driving, but under the mistaken identity of incompetent police who can't see the legal display of a temporary license plate, has no freedom of speech, and is a slave that must obey "under the federal doctrine of qualified immunity, .... the need to shield officials who reasonably perform their jobs." even when they don't reasonably perform their jobs.
That is why the police that murdered George Floyd were not fired by their police dept until after, and why they only were convicted of murder after, the vast number of people and news outlets showed that police killed Floyd over 9 minutes of intentional and unnecessary suffocation and circulation obstruction.
Police abuse and criminal behavior, that the police dept, the police union, the police commissioner, the Mayor of Minneapolis, and the governor of Minnesota didn't have a problem with... as I pointed out, the police didn't take action against those that murdered Floyd.. .. resulted in Minneapolis paying $27 million to settle a wrongful death lawsuit brought by Floyd's family.
The cop that murdered George Floyd for being black, Derek Chauvin, has now been convicted of third-degree murder, and second-degree manslaughter, unintentional second-degree murder, and sentenced to 22 years in prison
Chauvin pled guilty to federal charges of violating Floyd's civil rights by using unreasonable force. Guilty, but he did it, as he intending to kill Floyd, for 9 minutes. Publicly, while being recorded on video.
The other three officers were also convicted of violating Floyd's civil rights.
Lane pleaded guilty to a state charge for aiding and abetting second-degree manslaughter.
Kueng and Thao are scheduled to be tried on state charges of aiding and abetting second-degree murder and second-degree manslaughter on October 24, 2022.
So, as I said before, record any interaction you or someone else has with any police. Because it's the only chance you have of getting evidence you can use in court to convict them of breaking, not enforcing, law, and your civil rights.
Remember, Walter Scott was shot in the back by police, who then planted a gun on him, then gave false testimony that they killed him for threatening their life. But one video recording of the murder of Scott, and the plant of the gun, revealed that cops murder, and lie, expecting to go back to work the next day, free to murder again.
The seventh grader, who had been a passenger, was complying with orders from several officers screaming at him to put his hands up.
The boy, "was unarmed and did as he was instructed. But the officer still shot him — recklessly, callously, and wantonly — right through his back,"
A 2017 report by the U.S. Department of Justice accused the Chicago Police Department of "tolerating racially discriminatory conduct" by officers
The road to professional, honest, not racist, police in America started a long time ago, maybe with the march from Selma to the state capitol (Montgomery Alabama) but it hasn't made much progress, and police have NOT changed their racist murdering method of intimidating citizens.
This article took 2 hours. It was worth it. I happen to believe there are many reasons it is necessary for me to type and post this, one is supporting the military. You may have forgotten, but the story began with a uniformed Army Lt getting assaulted by cops, that were in the wrong. He had not broken a law, nor committed a crime.
Thank you for printing this.
ReplyDeleteits my honor and privilege to speak up and shine a light where evil men do evil things
Deleteread about what the cops in arizona did to Daniel Shaver.
ReplyDeleteafter the cop got fired for murdering Shaver, they re hired him for one day, so the cop could file a medical disability claim for PTSD from the stress of murdering Daniel Shaver, and the cop, is now collecting a bundle of taxpayer money