2014

Zenaida Hernandez visited a prisoner at Souza-Baranowski Correctional Center on September 18, 2011. Ms. Hernandez was allowed to visit the prisoner briefly; a glass barrier separated them. Defendants then took her to a room and forced her to strip naked and remove her menstrual pad. Two defendants stood behind her, inspecting her naked body. Ms. Hernandez did not have any contraband, nor was there probable cause to believe she did.

On August 28, 2011, West Bridgewater police officer Robert Piepiora was working a paid detail at a bar. William Ortiz was outside using his cell phone to call for a ride when the bar’s manager began aggressively telling Ortiz that he could not drive. Ortiz, who had already assured the manager that he was not driving, told the manager to leave him alone. Without warning, Piepiora grabbed Ortiz from behind and slammed him face first into the pavement. The impact knocked out two of Ortiz’s teeth and fractured his upper jaw bone. He required a bone graft to repair his jaw.

During a routine traffic stop, Defendant Police Officer grabbed Plaintiff by the neck and slammed her against the hood of his patrol car. Plaintiff sustained injuries consisting of an 8 mm disc protrusion, a 7 mm disc protrusion with bilateral nerve root compromise, and a 5 mm disc protrusion. Defendant Police Officer admitted to failing to properly focus his vehicle’s dashboard camera and not wearing his body microphone at the time of the incident.

Police made a forced entry to execute a search warrant for suspect in a robbery of the video rental store. A flash-bang device was thrown blindly into the corner of a room where Plaintiff was hiding in the corner. Evidence showed that the device was thrown in the air more than 12 feet and approx 2-3 in the air. It landed in his lap/face (crouched over) and severely damaged his jaw. A mediation presentation can be viewed at the link below.

Ron Parsons awoke at night and thought he saw a burglar outside his door. He slammed the door, got his gun, and called 911. Dispatcher told Ron to put away the gun and connected him with police outside. Ron came out and was told to kneel or lay on the ground. Ron refused. He was tased, kicked and punched. No charges filed except that after he made an open records request, warrant was issued and he was charged with obstructing an officer’s official duties, a misdemeanor. Went to trial and found not guilty.

Plaintiff is confined in the Minnesota Sex Offender Program (a “treatment program” which is in reality a prison where almost no one gets released). He was raped by his roommate about ten days after staff was advised of the perpetrator making inappropriate sexual advances towards Plaintiff.

Plaintiff died within 10 days of beginning pretrial confinement in a local jail near Gainesville, FL due to an ectopic pregnancy, but within one day of complaints of abdominal pain. Video evidence showed plaintiff virtually falling out of a wheelchair as she was transported out of GP into segregation. Case settled while pending interlocutory appeal on qualified immunity before Eleventh Circuit after all briefs filed. DMS

Officer Lecy threw Plaintiff to the ground after Plaintiff was in handcuffs. Officer Lecy also stated that “all you Native Americans are nothing but fucking animals.” Plaintiff said during his deposition that he suffered neck stiffness and emotional distress as a result of Officer Lecy’s excessive force and racist remark. In exchange for Plaintiff’s agreement to dismiss his claim for infliction of emotional distress, Defendants agreed not to bring a motion for summary judgment.