Lawyer Says Arpaio’s Deputies Beat Him Bloody

     PHOENIX (CN) – Sheriff Joe Arpaio’s lawyer-hating deputies beat an attorney so badly his brain bled and his shoulder was dislocated as he tried to calm down a client at the scene of an accident, the attorney and client say in separate lawsuits.
     Daniel Kloberdanz and his employee and client, Valarie Lingenfelder, sued Arpaio, Maricopa County, its Sheriff’s Office and other county employees, in Maricopa County Court.
     Kloberdanz us a member of the Scottsdale law firm Berens, Kozub, Kloberdanz, and Blonstein.
     Both lawsuits says that Lingenfelder called Kloberdanz for help on June 15, 2012, after she was involved in an automobile-motorcycle accident in Cave Creek, north of Phoenix.
     In his complaint, Kloberdanz says he told Lingenfelder when he arrived “that if she wanted him to help, she would need to identify him as her attorney, but that it would be permissible to tell the authorities that he is her boss in the law firm where she works.”
     While Kloberdanz looked Lingenfelder’s insurance card, defendant sheriff’s Officer Joseph Pellino “performed a very brief eye test with a flashlight, and within seconds Kloberdanz saw that Pellino placed Lingenfelder under arrest and handcuffed her,” the complaint states.
     Kloberdanz says he “asked Pellino, very politely, words to the effect, ‘Can I please go over and try to calm her down, I’m the only person she knows here.'”
     Pellino then asked Lingenfelder “words to the effect, ‘Do you know this man?’ Lingenfelder then said, ‘Yes, he’s my friend, [then a slight pause] and he’s my attorney.’
     Pellino then walked back towards Kloberdanz, and before Kloberdanz could finish a sentence again requesting to approach Lingenfelder, much to Kloberdanz’s surprise, Pellino shoved Kloberdanz in his chest so hard it knocked him over,” the complaint states. (Brackets in complaint.)
     The complaint continues: “Pellino shoved Kloberdanz so hard it left bruises on Kloberdanz’s upper chest below his collar bone. From the shove, Kloberdanz slipped on the gravel and rolled on the ground, avoiding hitting his head on the gravel. Once Kloberdanz got his footing back, he stood up.
     “Kloberdanz did not do or say anything that might intimidate or aggravate Pellino, knowing he had a gun and short temper.
     “Again, Pellino immediately approached Kloberdanz aggressively and began yelling
     words to the effect that ‘I don’t need you guys telling me how to do my job,’ as he tackled Kloberdanz to the ground.
     “While Kloberdanz was on the ground, Pellino yelled words to the effect, ‘you’re under arrest, put your hands behind your back,’ which Kloberdanz did immediately. Pellino continued to scream anti-lawyer sentiments and words to the effect ‘not needing you guys to tell me how to do my job’ and ‘I’ve been doing this for twenty-two years.’
     “At that time Kloberdanz was in fear for his life, and he did not resist or attempt to
     fight back.
     “Within seconds after Kloberdanz was tackled by Pellino, two other officers which
     Kloberdanz believed were sheriff deputies jumped on Kloberdanz. Kloberdanz now believes those other two officers were [defendants] Posseman [Robert W.] Burghart and Deputy Sheriff [Steven H.] Carpenter.
     “The officers handcuffed Kloberdanz in a hogtied fashion with his hands behind his back, with the deputies aggressively pulling back his arms, causing great pain to his shoulders.
     “While Kloberdanz was completely helpless to protect his head and face (as his hands were cuffed behind his back), Pellino put his hand firmly on Kloberdanz’s head and drove his head into the ground, while he was held by Burghart and Carpenter.
     “The first time Pellino pushed Kloberdanz’s head, he grinded Kloberdanz’s face into the gravel with such force that pieces of pebbles were driven through his skin on the left side of his face (and in fact those pieces were driven in so hard several pieces remained lodged in Kloberdanz’s face many hours later – as demonstrated by the side view of the mugshot later taken at the 4th Avenue Jail, which shows pebbles still lodged in his face).
     “All the while, Kloberdanz felt multiple punches or kicks from the officers. After getting out of ail the following evening, Kloberdanz could see huge bruises on his right thigh from a shoe kick, and bruises over many parts of his body.
     “Several times Kloberdanz yelled ‘l’m not resisting,’ hoping the officers would stop
     beating him.
     “At least three more times Pellino drove Kloberdanz’s head into the ground with deadly force, As the other officers lifted Kloberdanz’s body up off the ground by raising and pulling up his arms, Pellino put his hand on Kloberdanz’s head and smashed his forehead and skull into the ground, continuing to yell at Kloberdanz about not telling him how to do his job.
     “At that time, Kloberdanz believed he was going to be killed. Kloberdanz was literally knocked senseless by the third and fourth pounding. By the third or fourth pounding, Kloberdanz became dazed and momentarily unconscious.
     “The officers had pulled Kloberdanz’s arms behind his back so hard (gripping his
     Biceps so hard both arms were severely bruised with finger and thumbprints), his right shoulder was partially dislocated, and his left shoulder completely came out of its socket, causing tremendous pain, perhaps keeping Kloberdanz conscious.
     “The last time the officers picked Kloberdanz up off the ground they actually dislocated his left shoulder completely out of its joint due to the aggressive manner in which they pulled him up.
     “The officers finally stood up Kloberdanz by lifting his body and pulling him up by his
     Arms with his left shoulder dislocated while his arms were still cuffed behind him.
     “Kloberdanz yelled several times, ‘my shoulder is out’ or words to that effect. One
     officer responded words to the effect, ‘That’s not our problem.’
     “Burghart and Carpenter then escorted Kloberdanz in an aggressive fashion, still cuffed and in tremendous pain, to a sheriff vehicle on the north side of Lone Mountain Road. There they searched Kloberdanz, taking his cell phone, wallet and car keys, and placed him still cuffed in the back seat of a SUV sheriff’s vehicle.
     “Kloberdanz was eventually driven to the MCSO Cave Creek substation where there
     he was immediately placed in the jail cell.” (Parentheses in complaint.)
     He was also denied medical attention, Kloberdanz says.
     He adds, in the complaint: “Kloberdanz later learned that Pellino told Lingenfelder at the substation (during her interview) when she asked Pellino if he was going to release Kloberdanz, ‘We’re going to teach him a lesson,’ or words to that effect.
     “Apparently, upon Pellino’s direction and out of malice and spite, Kloberdanz was
     needlessly transferred approximately 33 miles from the Cave Creek substation to downtown Phoenix, where he was booked a couple hours later and spent almost an entire day in jail.”
     Lingenfelder tells a similar story in her lawsuit.
     She says she “was still handcuffed and unattended by Pellino’s squad car and in complete shock and in disarray as she observed Pellino and the other sheriff deputies pummeling her attorney who she had called to the accident to represent her, for no apparent reason at all.”
     Lingenfelder agrees that Pellino told her: “We’re going to teach him a lesson.”
     Lingenfelder says she was read her rights at the substation, but the deputies “did not give Lingenfelder an opportunity to speak to Kloberdanz, or call any other attorney, despite her requests.”
     In his complaint, Kloberdanz says that in jail he “was refused even the most basic medical treatment and sat in numerous overcrowded and unsanitary holding cells with a concussion, open cuts and wounds, and intense pain throughout his body.”
     Kloberdanz claims he “suffered the following physical injuries. His left shoulder was completely dislocated from its socket (and later popped in by himself) and his right shoulder was partially dislocated. His lower back was severely injured, a pre-existing injury which had previously been made much better by an epidural procedure the year before. He had pain in his neck area, chest, arms and legs. He had bruises practically over his entire body. Most notably, he suffered a traumatic brain injury (concussion) from his head being pounded into the ground by Pellino while his hands were handcuffed behind his back.”
     He received hospital treatment for his injuries after he was released, including a small brain bleed and blurred vision, and still suffers from “severe migraine-like headaches.”
     Lingenfelder seeks compensatory and general damages for emotion distress and abuse of process.
     Kloberdanz seeks at least $500,000 in general and special damages for civil rights violations and assault.
     Both are represented by William Kozub, with Berens, Kozub, Kloberdanz, and Blonstein.

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