A deaf man arrested for assaulting a police officer has filed a civil suit, alleging he was the victim of “unnecessary force and wrongful confinement”.
Two years after a 2019 traffic stop in Colorado where Brady Mystique spent four months in prison, his legal team sued two arresting officers, a board of Idaho Springs city and county commissioners.
The suit seeking damages, filed on 17 September, alleges that Mr. Mystique was subjected to a “sharp assault” because authorities had failed to recognize his disability.
“NS [officers] Quickly grabbed Mr Mystique, slammed him to the ground, and repeatedly told him ‘no ears’ despite telling him he was deaf,” the lawsuit alleges.
Mr. Mystic is deaf and uses sign language to communicate.
According to police, two years ago on September 17, police attempted to drag Mr. Mystic for running a stop sign.
The lawsuit says that unbeknownst, Mr. Mystic pulled into a laundromat and began walking to do his laundry, when officers pulled over and blinked his eyes.
The lawsuit states, “Confused, blinded by police lights and unable to hear or know what was going on, Mr. Mystique stopped walking, attempted to communicate with his hands and then moved his hands in a non-threatening manner.” placed above.”
However, the Idaho Springs Police Department says Mr. Mystic resisted the arrest; As a result of which one of its officers has suffered grievous injury.
Officer Ellie Summers and now-former Officer Nicholas Hanning gave verbal orders to Mr. Mystic to return to his car and then sit down. They did not know that at that time he was unable to listen to their commands.
When Mr. Mystic did not do so, the police tried to handcuff him “due to his unclear actions”.
“Mr. Mystique resisted the officers, and a physical altercation ensued. One of the ISPD officers was injured (broken leg) because of Mr. Mystic’s counterintuitive actions,” the Idaho Springs Police Department said in a statement. Statement.
While the trial alleges that Mr. Mystique was struck twice with a stun gun, the police statement did not mention the use of a Taser during the arrest.
Mr Hanning was fired from the Idaho Springs department after an unrelated incident in which he used a teaser on a 75-year-old man. He was charged with third-degree assault by an at-risk adult in July.
The man, Michael Clarke, filed a separate federal lawsuit, alleging Ms. Summers and Mr. Hanning used excessive force when he approached them at their apartment on May 30.
Mr Clark answered the door holding a sword when two officers responded to complaints that he had allegedly punched a female neighbor in the face.
Body camera footage of the arrest went viral after it was reported by Washington Post In July. In the video, he can be seen lowering the sword before answering “no” when asked to land.
While Mr. Hanning was fired after that incident, Idaho Springs Police said an investigation into an unrelated incident involving Mr. Mystic was conducted a year before officers’ action was justified.
“The officer who suffered a severe leg-break was former ISPD officer Nicholas Hanning and the other was Officer Eli Summers, who was in training at the time of the incident,” police said in a statement.
“The District Attorney’s Office for the Fifth Judicial District eventually allowed Mr. Mystique to participate in a diversion program in lieu of filing a formal charge.”
Credit: www.independent.co.uk / US crime