Army veteran initiates federal lawsuit against police officers who punched him during stop

| December 22, 2022

Dalvin Gadson’s attorney discusses the lawsuit filed against the police officers that struck Gadson during a traffic stop. One of the signs in the background appears to say, “NO Justice, NO Peace.” (KRDO)

We talked about Army veteran Dalvin Gadson here, when he experienced punches in conjunction with his being detained. Gadson has initiated a federal civil rights lawsuit against the three officers that detained him.  According to the lawsuit, Gadson’s Fourth Amendment rights were violated via the use of excessive force. Additionally, none of the defendants intervened against the other defendants to prevent the use of excessive force.

From ABC News:

A Black Army veteran allegedly beaten by Colorado Springs police during an October traffic stop has filed a federal civil rights lawsuit against the three officers involved in the encounter.

The lawsuit alleges CSPD officers Colby Hickman, Matthew Anderson and Christopher Hummel violated Dalvin Gadson’s Fourth Amendment rights by using excessive force. Each defendant also failed to intervene in preventing the other defendants in using excessive force against Gadson, according to the lawsuit.

At the time of the Oct. 9 encounter, Gadson, a 29-year-old Army veteran, was homeless, living out of his car as he ran a business selling electronics.

“I was taking all my money from DoorDash, literally, and putting it into my business,” Gadson told ABC Denver affiliate KMGH.

Gadson said it felt like “paradise” to be self-sufficient as he saved up his earnings to eventually afford an apartment.

But everything changed the night of Oct. 9 when a CSPD officer pulled Gadson over, telling him it was for a missing license plate, bodycamera footage released by the Colorado Springs Police Department shows.

After taking Gadson’s driver’s license, the officers can be heard in the video discussing a knife they noticed in Gadson’s cupholder. They also described smelling cannabis coming from his vehicle.

When they return to Gadson’s car, telling him he’s under arrest for a DUI, Gadson responds saying, “no I’m not” and backs into his car. From there, the situation escalates with the officers grabbing Gadson to pull him outside of the vehicle and throwing punches at him.

“It turned into the worst nightmare I could ever imagine,” Gadson said.

CSPD said in a statement that its Internal Affairs division opened an ongoing investigation into the arrest but noted that a separate administrative review found that the officers’ use of force was in line with department policy.

“Mr. Gadson refused to exit the vehicle,” the statement says. “When officers attempted to pull Mr. Gadson from the vehicle he physically fought with officers and on more than one instance re-entered the vehicle in the area of the knife.”

Gadson’s two counts of second-degree assault were dropped, and his DUI charge was dismissed via a DMV hearing. ABC News has a lot more on the story. Here is a video detailing the stop:

Category: Veterans in the news

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Sapper3307

Ghetto lottery, activated

ChipNASA

I hope it comes out….

WHAMMY!!!!!!

5JC

Everyone involved in that situation made poor decisions.

Av8or33

All he had to do was comply, what is so difficult about following directions? Cops have no benefit of hindsight, knife in car subject won’t leave car and retreated further into car possibly going for knife, continued resisting and fighting back. You get what you get. Officers subdued subject, he got lumped up BFD. Cops have to deal with assholes and crazy people every day and it’s just getting worse, so by all means let’s reward bad behavior and then wonder why we have so many people with no respect for civilized behavior and unsafe cities and towns.

5JC

True, if had complied all that followed would not have happened.

However; he was intoxicated and had corrupted thinking and this makes compliance less likely and more difficult to obtain. There is a thing called “tactical patience”. Here it means waiting till the best moment to apply force, if at all.

  • There was no immediate threat to the public or the officers
  • There was little, if any chance of destruction of evidence
  • Little if any chance for the subject to escape
  • This subject was in a position of disadvantage.

The officers could have talked for a few more minutes and tried other options before moving in for hands on. It certainly would have been worth it in the long run. If the other options had failed, they could show they tried other things and clearly it wasn’t working. All it would have cost was a little time. The young kids working the night shift tend to be less patient.

To paraphrase the Art of War, “Supreme excellence consists of breaking resistance without fighting

MCPO USN

Yes and no. The police don’t have the luxury of spending hour to detain one idiot at a traffic stop, unless you can assure them that all other crime will cease until they are done.

However, one off the big issues affecting police is that they are not well trained in non-lethal techniques. Get control of one arm and a good wrist lock or similar technique will make anyone comply.

5JC

I’m sure there is a some kind compromise between 0 minutes and 60. As an FTO I always tell my guys that I would rather talk for ten minutes than fight for one. I also tell them to refrain from telling people they are under arrest until at least they are in position to be cuffed.

Hate_me

If there truly was a knife in the cup holder and the suspect returned to the cab, I’d consider that an immediate threat.

timactual

“It certainly would have been worth it in the long run.

No, it might have been worth it. Gadson might also have decided to grab the knife and use it and he or one of the cops might have ended up dead. Judgement call, and my judgement would have been to restrain Gadson before he could use the knife. “An ounce of prevention…” and all that.

A Landmesser

Tell that to the arsonist, rapist, or murderer. Actually I’ll mention it to the police the next time you make a 911 call.

SFC D

Aaaaand the number one thing that could’ve prevented this entire situation, votes tabulated by the accounting firm of Dewey, Cheatem, and Howe:

Don’t drive a car without license plates.

5JC

No money for tags. According to his lawyer he was saving all his money to get his way back into the Army or get an apartment or run his “electronics” business.

But absolutely not to buy weed. Those are lies spread by the police to besmirch his good name.

Hack Stone

So you have to pay to enlist in the military these days. Looks like that Colonel sitting in a tent in Afghanistan while wooing some fat lady with 16 cats in Des Moines really does need her to pay for his ticket back to the world.

5JC

Seeing how that Colonel would be 100% Afghan these days that is truthiest of truths.

Hack Stone

Judge Judy had a case where some fat lady met a “Colonel” on line, and immediately fell in love with her. The only problem was that when his tour was completed if the Af of the Ghanistan, he would need to finance his own return to her living flabby arms. So she borrowed some coin from her friend to bring her man home, and now she has an empty heart and her friend has an empty wallet. Judge Judy said something along the line of “How does the military get anyone to join if they have to pay their own way to the combat zone?”

timactual

It is useful to remember that half the population has below average intelligence, and that for every Einstein there is an anti-Einstein.

Anonymous

“First, obey the law. Laws were made for a reason. Think of them as hints. … ”
comment image

26Limabeans

“A Black Army veteran”
Did not know of this army until now.

Hack Stone

That is the unit that does all of the Black Ops.

MCPO USN

Zero Dark Thirty???

Mason

Army veteran, was homeless, living out of his car as he ran a business selling electronics.

Going for all the tropes I see. He’s quite the modern urban troubadour.

Hack Stone

Well, ever since Radio Shack went belly up, Daniel Bernath needs to get his batteries from somewhere.

And before you tell Hack Stone that Daniel Bernath died while doing his impression of a kamikaze pilot, that is what they want you to think. The government faked his death so that he can clandestinely fly weapons to Ukraine in his Cessna.

MCPO USN

The big guy stills gets his 10%…..

ChipNASA

OK Mason you fuck.

I: (He’s quite the modern urban troubadour.)

  1. Laughed way too hard at this and
  2. When I read it a second time, I sang it…

https://www.youtube.com/watch?v=9jJf-p6RYvo

Prost

Last edited 1 year ago by ChipNASA
Mason

I’ll take the credit, but I actually got the phrase from a local morning radio show.

ninja

Speaking of Army Veterans…

“West Point Grad, Army Veteran Killed While Selling Father-In-Law’s Car In Phoenix”

https://www.azfamily.com/2022/12/19/west-point-grad-army-veteran-killed-while-selling-father-in-laws-car-phoenix/

“Arrest Made In Killing Of United States Army Captain”

https://www.12news.com/article/news/crime/phoenix-police-fatal-shooting-vehicle-fire-glendale-burnt-out-car/75-aea03e59-7410-4826-8e51-86e97dc7e955

“An arrest has been made in connection with a fatal shooting that Phoenix police said happened during a car sale. The investigation previously led police to a torched car that was abandoned in Glendale.”

“Police said they found the victim, David Navidad-Parra, 27, Friday night with a gunshot wound near 45th Avenue and Coronado Road.”

“Navidad-Parra was found with his wallet missing and his pockets turned inside out, according to police.”

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ninja

“During the investigation, officers learned
that Navidad-Parra had been reported missing while giving a test drive during a private vehicle sale.”

“Police said Navidad-Parra and his father-in-law met with two people, described by police as suspects, who wanted to buy a car. One of the individuals, identified as Abel Uribe, 29, took the car on a test drive by himself. The ride lasted around 15 minutes, and Uribe returned and said he wanted to buy the car.”

“The second individual, who has not been identified by police, went to get money for the purchase while Navidad-Parra, his father-in-law and Uribe headed to the title registration facility. Navidad-Parra and Uribe rode together, with Uribe driving the car. They were followed by the father-in-law, who was driving a separate vehicle, documents show.”

“According to police, Uribe suddenly sped off with Navidad-Parra still a passenger in the car and the father-in-law lost sight of the vehicle.”

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ninja

“The next day, Navidad-Parra’s wife received notification that his AmEx card was being used at Westgate.”

“Detectives then found Uribe at Westgate. He had the card and a gun, police said.”

“According to police, Uribe told them the second suspect asked him to help speak Spanish during the car sale. The second suspect then called him while they were headed to the title registration location and said the plan had changed. Uribe was promised money and Percocet if he helped steal the car.”

“Uribe told police he burned the car because he thought it might have a GPS tracker. It would be found early the next day. when the Glendale Police Department responded to the vehicle fire near 91st Avenue and Rose Lane.”

“On Sunday afternoon, Phoenix police announced that they had arrested Uribe in connection with the homicide.”

“Uribe is being held on counts of first-degree murder and kidnapping.”

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ninja

“12News spoke with Navidad-Parra’s wife Diana Ontiveros. She described her husband as a loving and caring person who graduated from West Point Military Academy in 2018. Ontiveros sending us part of the following statement:”

“David was truly angel sent from heaven to be here among everyone on earth. He was a picture-perfect husband. Wonderful son, brother, and nephew. He graduated from West Point back in May of 2018.”

“Since then he has been serving for his county and making everyone so proud working hard to get achievements in the military and striving to be the best he could be to make everyone so proud of him.”

“Ontiveros ended her statement with, “My everything. My entire world.”

“Navidad-Parra was nominated to attend West Point by Arizona Congressman Ruben Gallego…”

11791.jpeg
5JC

That is awful. Prayers to the family. May Uribe find a warm greeting in Hell on his arrival.

ninja

5JC commented:

“May Uribe find a warm greeting in Hell on his arrival.”

Amen, Amen, Amen…!

👍👍👍👏👏👏👌👌👌

Berliner

Uribe got a purty mouth and he’s gonna luv “Fisting Fridays”. 😱 

Deckie

Just put him against a wall and turn him into Swiss cheese. No one will miss him.

KoB

Tragic ending for a Good Couple. May God’s Peace bring His Comfort to the Widow and Family. Hang the bastards that did it…and hang the bastards that refuse to secure our borders.

While we’re hanging worthless bastards, go ahead and hang the ones that can’t follow simple instructions. Might help clean up the gene pool in a generation or two.

Did the popo handle this thread subject in the best way? Maybe/maybe not, but I’m not going to Monday Morning Quarterback a decision that was made one dark night with an armed stoner in a vehicle with no tag. Sadly, for the taxpayer, homie will prolly win his case.

President Elect Toxic Deplorable Racist SAH Neande

Nice ink there? MS 13?
Yeah…..sorry, but if I was conducting business, and someone came up to me with those tats, it’d be “cash upfront now, sign the paper, here’s the keys, adios.”
Test drive? Not without a friend/relative in the back seat, armed.

👍👍👍

“According to police, Uribe told them the second suspect asked him to help speak Spanish during the car sale. The second suspect then called him while they were headed to the title registration location and said the plan had changed. Uribe was promised money and Percocet if he helped steal the car.”

Wondering about the Second suspect…scratching our heads about the Spanish part unless CPT Navidad-Parra Father-In-Law did not speak English?

Also wondering if the Murderer is a legal US resident…and if the 2nd suspect knew he had a drug problem.

This is heartbreaking, so sad…

And yet, Illegal Aliens are still crossing our borders, some bringing in Fentanyl…Our tax dollars are being used to protect other Countries and THEIR borders…

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MCPO USN

Before I forget, Fuck Joe Biden

A Proud Infidel®™

The look on his face says that he KNOWS he’s a-gonna get test-driven by Bubba & Thor come shower time!

Last edited 1 year ago by A Proud Infidel®™
rgr769

He needs to pull rope, right after that test drive.

A Proud Infidel®™

Okayyyy then, how soon is he a-gonna throw his ACME® Race-Victim Card™ in Court and to the media to cover up for his idiocy when he was confronted by the Po-leece? And just what kind of biz-ness does one run out of the car he’s living in selling electronics, maybe car stereos that were “recently liberated” or some fly-by-night MLM scam like what I saw making their rounds among Active-Duty types during my time in?
Oh, and uuuuhhhm-yeah, driving around sans a license plate kinda draws attention from LE types, violation of Statutes and stuff like that you know, and one’s attitude when pulled over makes a difference in the outcome afterward.

Last edited 1 year ago by A Proud Infidel®™
A Landmesser

We have another male Karen who thinks disobeying the police is a valid option without consequences.

President Elect Toxic Deplorable Racist SAH Neande

“male Karen” = “Karl”

MarineDad61

Anonymous nailed it above, with the Chris Rock graphic.
Here is the comedy public service educational video.
It’s only been out there for 20 years.

This really should be mandatory viewing in high school,
an auditorium event thingy.

[Chris Rock – How not to get your ass kicked by the police!]