Handcuffed and sitting on a Kansas City
street with blood trickling from the gash above his right eye, Carlos
McCain vowed to sue the police officers who arrested him.
This
week, he followed through by filing a lawsuit in federal court alleging
that he was the victim of excessive force in the October 2010 incident.
See the video here
McCain’s
lawsuit is the third in the last 14 months that accuses the same Kansas
City police officer, Brandon Hunter, of using excessive force — a point
McCain’s attorney makes in the court papers.
Kansas City police said Wednesday they cannot comment on pending litigation.
The
first lawsuit naming Hunter stemmed from the October 2008 arrest of
Kansas City resident Jesus West, who filed it in October 2010. It
alleged that Hunter and another officer, Michael Lenoir, “threw
plaintiff (West) to the ground and struck him repeatedly about the head
and other parts of the body.”
In their report, the officers wrote
that they were attempting to arrest West for driving with a suspended
license, having no insurance and improper tags on his car when he became
combative and pulled away as he was being handcuffed. He told them he
had cerebral palsy, but when he grabbed one officer’s duty belt, he was
“placed” on the ground, according to the report.
Last April, an out-of-court settlement was reached for $52,000, but with no admission of wrongdoing.
The
second lawsuit, filed two months ago, stemmed from another October 2008
arrest. The plaintiff, Arrika Brazil, contended that Hunter tried to
serve her with civil court paperwork outside a midtown tavern, and that
he grabbed her arms and “twisted” them behind her back to handcuff her.
It also says that he dragged her into the street and threw her face-down
onto the pavement.
When one of her hands slipped out of the
cuffs, a second unknown officer “threw Ms. Brazil back onto the ground
landing with the full weight of his body on hers.” Other officers
roughly threw her into the back of a police wagon, according to the
lawsuit.
McCain’s suit stems from a traffic stop captured on patrol car video.
On
the video, Hunter tells McCain that he pulled him over because his rear
license plate was obscured and was not properly lighted.
He asks
McCain several times if he can see his license and proof of insurance.
McCain curses and disputes that his license plate can’t be seen. Hunter
then asks him to step out of the vehicle. McCain curses and calls the
officer a liar as he steps out.
Hunter takes McCain’s arm and
tells him to turn around. McCain says “Hey man,” before being wrestled
to the ground. Another officer comes in and helps handcuff him.
On the video McCain repeatedly says “you busted my head” and asks why.
“You weren’t following my verbal commands,” Hunter answers.
McCain
then tells the officers that he’s glad they have “dash cam.” He
repeatedly curses at them and tells them he is going to sue.
In all three cases, charges filed against the arrestees later were dismissed, according to their attorneys.
To reach Tony Rizzo, call 816-234-4435 or send email to trizzo@kcstar.com
