{"id":160286,"date":"2024-08-25T08:05:34","date_gmt":"2024-08-25T12:05:34","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=160286"},"modified":"2024-08-24T18:52:28","modified_gmt":"2024-08-24T22:52:28","slug":"appeals-judge-opens-the-door-for-army-officer-to-sue-a-police-officer","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=160286","title":{"rendered":"Appeals judge opens the door for Army officer to sue a police officer."},"content":{"rendered":"
\"\"<\/a>
LT Caron Nazario traffic stop. (The Virginian-Pilot)<\/strong><\/span><\/figcaption><\/figure>\n

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.<\/p>\n

From 13 News Now:<\/strong><\/span><\/p>\n

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.<\/p>\n

Nazario’s attorneys called the verdict a “miscarriage of justice,” and filed an appeal.<\/p>\n

“He was shocked, everybody was shocked, the nation was shocked,” said Tom Roberts, an attorney representing Nazario.<\/p>\n

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.<\/p>\n

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.<\/p>\n

“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.”<\/p>\n

Jonathan Arthur, an attorney representing Nazario, said he looks forward to bringing the matter back before a jury and to possibly set further precedent.<\/p><\/blockquote>\n

Additional Reading:<\/strong><\/p>\n

Harrison, E. (2024, August 22). Army officer suing again over violent 2020 traffic stop in Windsor, after appeals judge decision. 13 News Now<\/em>. Link<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Caron Nazario had an encounter with the police that did not work out his way. This … Appeals judge opens the door for Army officer to sue a police officer.<\/span>Read more<\/a><\/p>\n","protected":false},"author":661,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[226],"tags":[],"class_list":["post-160286","post","type-post","status-publish","format-standard","hentry","category-veterans-in-the-news"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/160286","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/661"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=160286"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/160286\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=160286"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=160286"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=160286"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}