This video illustrates how a deputy's excessive force against a resident with recent knee replacement surgeries violated the Fourth Amendment's protection against unreasonable seizures, leading to a $498,000 settlement and the deputy's termination, demonstrating that police must use objectively reasonable force under Graham v. Connor standards and can face civil liability under 42 U.S.C. § 1983 for constitutional violations.
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Man Awarded $498,000 After Deputy Did The Unthinkable本站添加:
Yeah, okay. Put your hands behind your back. For what? Cuz I said so. The deputy approached what started as a verbal dispute inside a senior living community, but the situation quickly escalated when another resident interrupted the conversation. Instead of calmly separating the individuals and restoring order, the officer immediately threatened arrest and force after the resident argued back and questioned the command. Under the Fourth Amendment, citizens are protected against unreasonable seizures and excessive force by law enforcement officers.
The resident repeatedly explained that he had recently undergone knee replacement surgeries and could barely walk. Yet, the deputy forced him to the ground while multiple witnesses shouted that he was not resisting.
The body cam footage later became the center of public outrage because viewers could clearly hear the resident asking what crime he committed while the officer kept repeating, "Because I said so."
Verbal abuse towards these ladies.
>> I called her a couple names cuz I'm fed up with her harassing me every time I come inside. I'm here I'm here working for a man.
I work for a man in here. He's my good friend. Okay. Personal assistant. Can I just set these things down?
>> My bumper is my van here. No, I got you.
And so, officer, Let's walk over here.
What's that? Let's walk over here.
>> Sure, sure. So, it's just just easier that way. Yeah, that's People don't yell and It's not a problem. you know. Yeah, officer, you know, this has been an ongoing saga since I came in uh since I arrived here in uh July of 20. Okay. And so, uh I was just about to get this thing out of here right now because I don't want to be towed away because I'm under terrible scrutiny for nothing. Okay, I'm telling you straight up. You want to know the truth? I'm not going to lie to one officer. I have done nothing to offend or violate the law in any way, shape, or form here except for using some profanity against that woman because she continues to call me uh you know, >> one or the younger one? The older one, Carrie. Okay.
>> Yeah.
And so, um she is a really nasty woman. I don't know why she continues to blindside me with her harassment and her incessant calling of you guys.
Un- unnecessarily, unneeded calls because she doesn't like the fact that my my client was dating a woman that she didn't like and there was squabbling and fighting going on.
Well, then finally Lynn Marie Filippini, you probably know who she is.
>> No. Okay, well, anyway. Finally, um here I don't want to feel like Mickey feel like you're trapped.
>> No, I That's why I came this way. I I I'd love it I can see that way. I'm good. Uh so anyway, there was a lot of contention and everything. That woman that brought me over here, Lynn, had to leave the vacate the premises for good and now there's a restraining She has a restraining order against her. She can't come back anymore, but there was a lot of contention built up between Lynn and this Carrie. And then they Carrie started calling me Lynn's boyfriend, which is entirely untrue. I don't know why she continues to do that. She continues to gossip, call me names, and call me uh dirty nasty names. I forget what they were now. They were so awful.
But I called it just now. I walk in the door and I hear her calling me a scumball as soon as I walk So, I walked up the stairs and I confronted her. I said, "Don't you have anything better to do than to talk about my personal business in here?" And she snapped at me again. I go, "You're a [ __ ] cunt."
And then I And then I called her a [ __ ] uh later after some more words were done. And then the after-school lady just immediately calls the management uh team leader, Bianca Hernandez, very fine people. I have no qualms with her. She has to do her job. I understand that.
But, here's the thing.
They allow an a young man who's who's under age. They They want me out of because I'm not of age. It's a 55 and over. Do you live here?
Well, yes and no.
Okay. Technically, I'm not on the lease and I'm not um I'm not a registered guest. Okay.
But, I'm an invited guest by a client by my client. He has me come over He asked her He said, "Don't can't I have a friend?" And she said, "Yeah, you can have a friend here." And so, uh I have been his friend and I have been responsible and I have been forthright and I don't break the law and I don't do anything nefarious or what it so ever. I have a close relationship with God. I love people and God. I'm a good guy. All right.
>> criminal-minded guy. I'm not a [ __ ] criminal who doesn't care about anything else but himself.
And then, you know, I I continue to be harassed by some of the people in here, you know, telling me to you know, you know, put on a shirt, you know, when I don't need to put on a shirt. There's no laws in California telling me I have to keep a shirt on wherever I go, officer. And he's worried about me being seen by the children over here by without a shirt on. This guy right here.
This guy right here. Yeah, I said it.
Yeah. All right. Go over there. I'll I'll talk to you. Stop. Stop. Stop. Go over there. I'll deal with you in a minute.
>> You don't want to Hey. I do want to Shut up.
>> Go over there or you're going to end up in the back of my car. I ain't getting As the struggle continued, the resident insisted he was only speaking and had not physically interfered with the investigation in any meaningful way.
Witnesses nearby openly questioned the deputy's actions and warned that the man's medical condition made the takedown dangerous and unnecessary.
The First Amendment protects verbal criticism and challenges directed at police officers unless the speech presents a true threat or directly obstructs lawful duties.
Deputy continued tightening control while accusing the resident of resisting even as the man remained on the ground complaining about pain in his surgically repaired knees.
What made the incident worse was the growing contrast between the officer's aggressive behavior and the calm explanations given by bystanders who repeatedly said the situation never needed physical force in the first place. [ __ ] You don't think I won't put you in my car?
>> you you won't. I bet you Not with these.
I will put you in the back of my car. Go over there. Turn around. Put your hands behind your back. You're impeding my investigation, sir. You want to pray?
Put your hands behind your back or you're going to end up getting tased.
Yeah.
Get Put your hands behind your back.
>> For what? Cuz I said so, and you're impeding my investigation.
>> How am I impeding your investigation, man? Put your hands behind your back.
Now.
>> I do? Okay, you're going to get tased.
What? Put your hands behind your back.
Now. For what? Cuz I said so. You're impeding my investigation, sir.
Put your hands behind your back. Now. I can't even walk, man. What are you doing?
>> Sir.
Sir, put your hands behind your back.
Now.
What am I doing? Put your hands behind your back, or you're going to get tased.
Tased for what? I can't even You're not listening to me. I'm listening. Just put the cuffs on me, man.
I didn't say I'm going to put cuffs on you, sir.
>> Well, what are you doing, man?
>> you to the back of my car, cuz you're impeding my investigation.
>> I? I'll let you know if I [ __ ] show you my knees.
Stop.
>> What the [ __ ] are you talking about?
>> Stop.
I have it all on video.
>> No, I'm not.
I don't give a [ __ ] [ __ ] up, man. You going to tackle me and [ __ ] Sir, you fell on the ground.
>> you my knees are [ __ ] up.
Lieutenant Smith, man.
>> We are not allowed to tase people.
Yeah, okay. Put your hands behind your back.
>> For what?
>> Cuz I said so.
Wow. Put your hands Lay down on your stomach. Put your hands behind your back.
>> You're going to hurt him.
I already asked him to comply. He's not.
My [ __ ] knees are hurting, man. What did I do? I have already explained it to you. You're impeding my investigation.
Now, you're going to end up in the back of my car and arrested.
I can't get up. We'll help you up.
Go over there.
I'll wait until my partner gets here.
Waiting for my partner to get here.
I asked him to go away. I understand.
>> Where did >> I What did I do?
>> Stop talking. I can talk if I want. I'm older than your ass.
>> I don't care. The [ __ ] Stop getting What the [ __ ] are you doing, man?
Stop.
>> What are you doing?
>> Stay on it. Stay here. I can't [ __ ] walk. Stop pulling away.
>> go away from me, man? I'm not How the [ __ ] can I pull away?
Why you think I laid down, man? [ __ ] The [ __ ] is your problem?
Stop. Okay. Who is this, man? Okay. Are you serious that you're going through this? Okay.
I understand. Oh, you got to kill it.
You cow purse, remember you got to get it.
Oh, you going to get it.
Your walkie-talkie's right here.
>> care. Your thing >> Stop.
Look at No, get that camera and show what he's doing.
I haven't done [ __ ] but walk right here.
Sir, you need to >> live and you come do this to me? Sir, I'm a resident.
>> I don't care. I've been living in Temecula for 12 years. I don't care.
You're not listening to the orders.
>> Man, you're stupid.
You're [ __ ] stupid. Stop pulling your arm away from me.
I will once my partner gets here.
You keep pulling away from me. How can I pull away from you, you dumb [ __ ] How can I [ __ ] pull away from you?
Oh, wait. You just Stop.
This is ridiculous. Just stop. Wait till the watch commander. That's fine. It's all on video, sir. Okay.
We didn't have to have I didn't have to have him happy. He He used a foul awful language.
And you just came and attacked me. Okay.
We have different Okay.
After backup officers arrived, the tone of the scene changed as another deputy appeared far more concerned about de-escalation than confrontation.
Residents nearby described the The man as difficult and argumentative at times, but several still admitted he had serious knee problems and was not a physical threat.
Federal courts have repeatedly ruled that police force must be objectively reasonable under the standard established in Graham versus Connor, 490 US 386 1989.
The footage showed a growing disconnect between what the deputy claimed was resistance and what witnesses believed was a confused older man reacting to pain and panic.
By this point, the confrontation had transformed from a simple disturbance call into a public example of how quickly authority can spiral into alleged abuse when officers allow ego and emotion to replace judgment.
Okay.
I asked him to walk away.
I can't even [ __ ] walk. What are you talking about? That's how dumb you going to look.
[ __ ] stupid.
>> that he's resisting is because he can't walk like that.
Well, as for my safety, he's going to have to. And he didn't even come Why? I got tackled in my [ __ ] place for my safety.
>> it for your safety? Because he keeps pulling his hands away from me, ma'am. I don't know him.
>> That's because you came up to You came and you [ __ ] attacked me. What are you talking about? Nobody I seen you so Stop moving around. You're stupid, man.
You're going to be in trouble. Your ass is going to be in trouble.
>> Okay, great, sir.
You're stupid. This is how [ __ ] stupid this [ __ ] is.
You're [ __ ] stupid. All right. I agreed to watch him at the the captain or whoever.
I got two [ __ ] knee replacements and he tackled me. Relax, man. [ __ ] dick.
Relax. Relax. Relax. [ __ ] dick. Hey, just relax. This [ __ ] tackled me, man. Hey, this is what I'm talking about. You know me. I know you. Let him put the handcuffs on you and we'll figure this thing out. Why? No, [ __ ] that, man. Let him put I told this [ __ ] I had knee replace and he going to tackle me. Okay, we'll figure this thing out right now, okay? [ __ ] [ __ ] >> Hold on. We'll figure this out.
>> Stop pulling That's the whole reason you're like this, man.
>> man, I ain't Hey, you know me, man. I know it. Look, and this [ __ ] did this [ __ ] >> Let me put these on you. We'll figure this thing out, okay?
>> He's a [ __ ] >> I know. Let's get this thing figured out, okay? Got two [ __ ] knee replace and he going to [ __ ] tackle me.
Nice. Good. Nice. Yeah, I know.
Man, you know that [ __ ] hurt.
Can you get my phone? Absolutely. I got to go and feel my My phone's in the bushes or somewhere with the cane. I got your cane.
>> I can't [ __ ] walk, man.
>> Okay, we'll figure that out. We'll get it.
Yeah.
Can you tell Look, man, this [ __ ] put these things on on this right here. Look how tight these [ __ ] are.
It's black. It's right back there. The [ __ ] tackled me up in there.
>> I'm going to get it for you. I'm going to get it for you.
God damn.
Wow.
>> Is there anything else? Wow. Just the cell phone?
>> [laughter] >> Wow.
Wow.
This [ __ ] punk.
Cop that. Medical?
That's what you came for.
Tell the [ __ ] officer.
No, you did it, [ __ ] followed us and my husband No, he was just telling the other resident that yeah, I did tell you that.
I did tell you that. I said, "Yeah, I did tell you that."
I got him on the video.
Are you okay? Yeah.
I'm trying to find his cell phone, I can't find it.
Did it I have no idea. I have no idea.
Did you try to dial it at all or did you have it on you?
I have no idea.
I didn't get that far.
I wanted him to walk away.
He refused to keep going, kept stepping back.
Derrick, go inside.
You're making him mad as much worse, ma'am. Are you okay? I'm good.
I appreciate it.
Okay.
Yeah, not a problem. I'm sorry he gave you a problem, man. It's okay, man. Wow, that sucks. You good here, though? I'll be right back. Yeah. Do you know this guy? I just from like talking to him a bunch of times.
All right, I'll be right back then. Yes, sir.
Yeah. Ma'am?
Ma'am?
Thank you.
I did not. Do you have your phone to call him? I do not.
I didn't I didn't bring my phone in.
Okay.
I don't see he has to get out of the phone with him.
Cuz we scuffled right here.
I what? I don't I feel like I'm you know like a weird Waldo kind of and it's Okay, hey. Hey, Ryan.
Come over here.
You're just making matters worse.
Yeah. Now, can I talk to you over here, please?
Is there a lease agreement that says that he cannot be here? It doesn't say he cannot be here, but he cannot be He's not well, Bianca, she's not even allowed to be here. Problem is he's a tenant.
He has all rights as a tenant. So, unless there's >> This guy isn't? The guy you're talking about in the red shirt >> has Unless there's rules and regulations that say he can't have guests.
>> in process.
>> Doesn't matter.
So, until that eviction is done and he is no longer has standing, there's nothing you can do with him.
So, he's been harassing the old seniors.
Well, but she she Her mouth goes, but you and I tried to stay neutral. Can't go both ways. It can't, but we were upstairs minding our own business when he came and asked pulled his shirt out, flapping his little thing around. He exposed himself? Oh, did he expose? Okay. But dirty and nasty. All right, well, there's you know, unfortunately, there's nothing we can do about that.
All right. You can talk to Bianca about doing a a trespass right a trespassing.
But I don't Who's the other gentleman that was walking? He lives in the corner. He walks his dog with his wife every day. I don't know what he starts flapping his mouth.
>> Yep. He does it with the kids, too, but he does have two bad knees. That is where I know.
>> I hear you. I'm on your side now.
>> Okay.
All right. So, when everything else calms down, If I can just hang tight with you without Carrie because she's just She's not helping the situation either.
So, I'll talk with you in a minute about the knee, okay?
No, I'm going to ask him.
What do you need?
Uh right now I'm I need wife's block out over there, the lady with the dog. Okay.
I'll get that for you. If you can get that for me, and then I'm going to need his uh I guess Danny's talking to that guy.
The arrest eventually triggered a wrongful arrest lawsuit that placed the deputy and the sheriff's department under intense scrutiny.
Video evidence, witness statements, and the resident's medical condition all became major factors in determining whether the force used was justified or reckless.
Under 42 U.S.C. section 1983, government officials can be held civilly liable for violating a person's constitutional rights while acting under color of law.
Riverside County ultimately agreed to pay George Wailing a $498,000 settlement, while Deputy Robert Glazer was later fired following the controversy surrounding the arrest. The case became another reminder that when officers abuse their authority or ignore constitutional limits, taxpayers often end up paying the price for misconduct caught on camera.
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