Appeals judge opens the door for Army officer to sue a police officer.
LT Caron Nazario traffic stop. (The Virginian-Pilot)
Caron Nazario had an encounter with the police that did not work out his way. This incident began a chain reaction that would lead to Nazario’s suing two police officers. He sued for a million dollars. A jury in Richmond awarded Nazario four thousand dollars. His attorneys filed an appeal.
From 13 News Now:
The matter went before a Richmond jury in 2023, who awarded Nazario less than four thousand dollars in what was a one-million dollar lawsuit.
Nazario’s attorneys called the verdict a “miscarriage of justice,” and filed an appeal.
“He was shocked, everybody was shocked, the nation was shocked,” said Tom Roberts, an attorney representing Nazario.
A Fourth Circuit Judge has now reviewed the District Court’s decision, and while Judge Robert King upheld many of the immunities granted to the Windsor police officers — he reversed one key ruling: unreasonable seizure.
This reversal opens the door for Nazario’s legal team to sue only Gutierrez, as the judge found the former officers did not have probable cause for eluding or failure to obey in Nazario’s case.
“To point a firearm at a person is a threat with deadly force, and is therefore likely to instill fear, which could manifest into panic and a rash reaction,” wrote King. “Gutierrez’s conduct, combined with his death threats against Lt. Nazario, was a clear violation of the Fourth Amendment that lies outside the protection of qualified immunity.”
Jonathan Arthur, an attorney representing Nazario, said he looks forward to bringing the matter back before a jury and to possibly set further precedent.
Additional Reading:
Harrison, E. (2024, August 22). Army officer suing again over violent 2020 traffic stop in Windsor, after appeals judge decision. 13 News Now. Link.
Category: Veterans in the news
“He was shocked, everybody was shocked, the nation was shocked,” said Tom Roberts, an attorney representing Nazario.
Strange, but Hack Stone does not recall being polled on his feelings about this situation, bit if asked, it would best be described as indifferent. How about you guys?
Shocked that LEOs abused their authority? No. Pissed off about it? Sure. Not a fan of police these days. A lot of them getting away with stuff that would land me in the jailhouse.
Like what?
Bust the dude who called for help because he was upset…
https://www.usatoday.com/story/news/crime/2024/08/20/bethany-guerriero-fired-palm-beach-gardens-officer-of-viral-unhinged-cop-video-wins-back-her-job/74794307007/
I am guessing you are not a lesbian. I think that had a lot more to do with it than being a cop.
‘Fraid not, but you might be right… talk about penis (or evil straight white male) envy:
She obviously has judgment and emotional problems that should preclude her from becoming a cop.
I saw the full video on youtube. She definitely should not be allowed to hold any power or authority over any living being.
But, now, with DEI…
Ok, how about this. A cop goes to the wrong address for a domestic disturbance, and shoots the wrong person. Or a SWAT team raids the wrong address, destroys the home and holds the family at gunpoint. Or police respond to a suspicious person, find a guy asleep in a parked car and decide to wake him. In the process they see he has a gun and shoot him.
Why would you go to somebody’s house for a domestic disturbance or do a drug raid?
“Muh training kicked in!” and “Where’s my union rep?” say ’em loud, say ’em proud.
Soldiers, of course, “knew or should have known” and get Leavenworth for such f*ck-ups.
The stats don’t back you up.
Probably the only poles most of the guys here have been asked about had a single mom attached to it.
Very telling that the officers are now “former officers”. Lets me know that the city is trying to avoid a big payout to the lawer that seems to be pushing this case. Was the officer wrong? Yeah, probably. Is it worth a million $s? Nah. YMMV
I would say the whole point in pointing a firearm at someone is to make them in fear for their life so that they comply with what you are ordering them to do instead of having a conversation and playing 50 questions with them during a traffic stop.
Be that as it is Nazario appears completely calm during the confrontation and therefore the judge is incorrect about him being panicked. But sue cuz ‘Merica.
He was not just calm, he was deliberately baiting them. Trolling for lawsuits.
That is definitely one way of looking at it.
I agree. I saw the video of this butter bar when it was originally posted here. Who is his lawer, Ben Crump? Prolly not, since there isn’t enough money in this case.
Is he still an “ARMY officer”?
IIRC, he is an ANG officer, no an AD officer.
Lt. Nazario recorded at least part of the incident. The guy is just another asshole professional oppressed black man who saw his chance to hit the jackpot and took it. Youtube is full of those “victim” assholes, black and white.
https://www.youtube.com/watch?v=d2TjCNuq2l0
The police body camera video was also posted on youtube, but I can’t find it now.
You want a real victim of police misconduct? See Daniel Shaver;
https://www.youtube.com/watch?v=VBUUx0jUKxc&rco=1
That’s all could find right now. The full, original, uncut, bodycam video is 20 minutes or so long and is less favorable to the police. Spoiler alert—they end up shooting the poor sob as he is sobbing and begging for his life after being humiliated and abused for entire 20-30 minute bodycam video while his girlfriend has been safely, quickly, and politely, removed from the scene.
He’s definitely got the look. Sharp, Malcolm X-esque haircut and glasses, well-groomed mustache and goatee we only see in a modern military where beard waivers are more common than shaving profiles, and most importantly, turning on his camera and positioning it to record his smug reaction to those “racist” cops who pulled him over for being Black.
Donut Operator often cites Pennsylvania v. Mims in his breakdown videos. By refusing to exit his vehicle, Nazario was putting the officers’ safety at risk. I don’t know how many videos I’ve seen where a seemingly compliant driver has suddenly pulled a gun and fired on officers, Deputy Sheriff Greg McCowan, Blount County Sheriff’s Office, Tennessee (odmp.org) was killed during a similar traffic stop earlier this year.
You gotta have timing and charm to win this lotto. People like me see someone who’s playing it up for the camera in hopes of winning big. He’s polite and maintains his composure throughout, certainly not in a state of panic. Then again, he’s not being aggressive and seems to be of no threat to the police besides the fact that he’s refusing to obey a lawful order to exit his vehicle. He could have had anything in there, or simply put it in “drive” and took off, endangering others’ safety.
A lot of people see him as a promising young college-educated BIPOC who’s serving his country and is being persecuted by those sworn to “Protect and to Serve”. The overly aggressive officers are perceiving him as a threat not because he’s unwilling to comply with their lawful orders, but because he’s a minority driving a nice vehicle at night.
Good officers think and interact with individuals as appropriate. Too many folk (they’re in the military, too, not bashing police here) just blindly do sh*t from emotional reasoning backed-up by whatever they can make fit to cover their butts.
Too often different = a threat = I should shoot it, just from being jumpy. (Running into the authorities while autistic can be hazardous to one’s health.) There’ve been incidents when a cop chasing a known white perp has “detained” (cuffed and stuffed) the first black dude they came across on “autopilot” like that– it happens, folk who didn’t anything get ticked-off about it.
Real great community relations there. Officer Friendly’s retired and his replacement has threat-assessment issues. I think twice before calling the cops for anything nowadays.