DENVER (CN) – Denver County sheriff’s deputies beat the hell out of a peaceful man in shackles during a court hearing, while the judge watched, and the beating was captured on tape, the man claims in a constitutional complaint in Federal Court.
Anthony Waller sued the City and County of Denver and sheriff’s Officers Brady Lovingier and Gina McCall, on Wednesday.
Lovingier is the son of Bill Lovingier, who was Denver County Sheriff from 2006 to 2010, according to the Colorado Independent.
Waller claims, and the video shows, that Lovingier and McCall attacked him while he was speaking to a judge in a hearing at the Denver County Jail in September 2012.
The complaint states: “When Judge Burd finished giving Mr. Waller his Rule 5 advisement under the Colorado Rules of Criminal Procedure, Mr. Waller began to politely address the Court in a normal and subdued voice as follows:
“‘Waller: I’d like to object to her (the alleged victim) story. If I’m under investigation, I thought the investigation came first, then the arrest came …
“Judge: Right, well they have three day …
“At this point without warning, justification or provocation, defendant Lovingier, who was directly behind Mr. Waller, grabbed plaintiff’s belly chain and shirt, spun Mr. Waller around and threw him face first into the metal frame entrance into the glassed-in court prisoner detention area. As a result of plaintiff Waller being chained and shackled, he could not use his hands or feet to lessen the impact of his face and head being rammed directly into the glass wall and metal post by the defendant Lovingier. Mr. Waller collapsed to the floor, seriously injured.”
The video of the attack is posted on the Internet .
“Defendant Lovingier’s assault on plaintiff Waller was captured on video,” the complaint states. “A series of snapshots of the video shows the defendant Lovingier grabbing Mr. Waller as the judge is talking to him and ramming the plaintiff Waller into the metal frame of the glass wall,.”
Lovingier was not satisfied just to knock him down, Waller claims.
“Defendant Lovingier then dragged Mr. Waller by the chain around his body, out of the courtroom and into the prisoner holding area.
“Mr. Waller was subsequently taken by ambulance to Denver Health Medical Center to be treated for his injuries. Plaintiff’s injuries included severe bodily injuries to his head, including a deep head laceration, closed head injury and left orbital blowout fracture and injuries to his back, neck, legs, arms, ankles, including a hernia and his teeth were knocked out.
“After the assault defendant Lovingier contacted the Denver Police Department (DPD) to file criminal charges against Mr. Waller for resistance. When DPD arrived they declined to press charges against Mr. Waller, after investigating and apparently viewing the video and easily determining that the plaintiff did not resist, assault or otherwise commit any crime against the defendant Lovingier. Denver Sheriff’s Department Captain Gina McCall subsequently called the DPD supervisor and demanded that a Denver police officer return to take the report and file criminal charges against the plaintiff Mr. Waller,” according to the complaint.
Waller says those criminal charges were dismissed.
He claims that it took more than a year for the Denver Sheriff’s Department Internal Affairs Bureau to investigate his beating, even though it had been recorded.
Lovingier eventually was suspended for 30 days for use of inappropriate force, according to the complaint.
Waller seeks an injunction to stop Denver’s use of excessive force in jail, punitive, and punitive damages for violations of the Fourth, Sixth, Eighth and 14th Amendments.
He is represented by Kenneth Padilla in Denver.
In July, the city announced it had reached a $3.25 million settlement with another inmate, who claimed the sheriff’s department failed to protect him and used excessive force in jail.
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