The lawsuit by 2nd Lt. Caron Nazario, who is Black and Latino, is seeking $1 million in compensatory damages, claiming two Windsor, Virginia, police officers violated his rights guaranteed under the First and Fourth Amendments.
The suit, filed in US District Court and first reported by the Virginian-Pilot, claims unlawful seizure, excessive force, illegal search, violating his First Amendment right to free speech, and common law assault, battery and false imprisonment.
When Nazario told officers Gutierrez and Crocker he was “honestly afraid to get out” of the car, one of the officers replied, “Yeah, you should be!” the suit stated.
Nazario was ultimately released without any charges.
“At the conclusion of this investigation, it was determined that Windsor Police Department policy was not followed,” according to the news release. “This resulted in disciplinary action, and department-wide requirements for additional training were implemented beginning in January and continue up to the present.”
Virginia’s governor, attorney general, a congressman and the NAACP expressed outrage at the actions of Windsor police officers.
Nazario seeks $1 million plus punitive damages from the officers, saying they violated his constitutional rights.
Carl Tobias, a professor at the University of Richmond School of Law, said the videos raise the question of whether the officers overreacted and used more force than necessary.
The videos “make it seem that Lt. Nazario has a persuasive case,” Tobias told USA TODAY.
