Family of prisoner brutally attacked by Warren police officer files $50M federal lawsuit

WARREN (WWJ) - A 19-year-old prisoner who was struck in the head, thrown to the ground and kicked by a cop while being booked at the Warren Police Department earlier this month has filed a whopping $50 million lawsuit against the city and the police.

Fieger Law announced on Wednesday that they filed the lawsuit in U.S. District Court against the City of Warren, Police Officer Matthew James Rodriguez and two other officers for the brutal attack of 19-year-old Jaquwan John Smith on June 13.

“This is one of the most flagrant cases of police misconduct I’ve seen in my entire career as a trial attorney," James Harrington, managing partner of Fieger Law, said in a prepared statement. "The sheer violence and disregard for human life that these three officers showed is despicable and cannot be tolerated.”

The assault, which was all caught on video, happened just after 6 a.m. that Tuesday, while in the booking room of the Warren Police Department Jail at Warren Police Headquarters on S. Civic Center Blvd.

Smith was in custody and was being booked on felony charges in connection with a carjacking when police said Smith and Rodriguez exchanged words.

Tonisha Banks, Smith's aunt, said she learned of this incident when she saw the video on social media.

"As I looked at that video, it disturbed me to the core to see the way he was treated," Banks said. "I believe that people are still supposed to be treated with dignity and respect, and I feel like that's where the system failed him at that particular moment. That was a bad morning for me nephew."

According to lawyers, Rodriguez then "struck Smith in the head, with such force that it knocked Smith to the ground. Officer Rodriguez then proceeded to slam Smith’s head into the cinderblock wall of the police station and threw him to the ground while proceeding to kick him in the face. Officer Rodriguez then grabbed and dragged Mr. Smith by his hair and threw him face first into a jail cell."

The lawsuit alleges two other officers were present in the jail booking area at the time of the attack, but both failed to stop Rodriguez.

According to police investigators, the assault lasted for six seconds before other officers stepped in and reported the use of force.

In the filing, lawyers said the Smith's constitutional rights were violated as the "defendant violated plaintiff's clearly established right to be free from unreasonable and excessive use of force and unreasonable seizures as guaranteed by the Fourth and Fourteenth Amendments of the United States Constitution,” according to the filing.

The lawsuit also alleged that they city did not provide adequate training and that officials “refused to provide the officers with supervision and discipline to protect the constitutional rights of citizens; refused to require the officers to follow policies and procedures, and state and federal law relating to the right of a detainee to be free of excessive force and poses no danger.”

Rodriguez was arraigned on charges of misdemeanor assault and battery as well as a willful neglect of duty in connection to the incident. Dwyer announced on Monday that he had been terminated from the department.

Police had said that Smith was not seriously hurt in the attack, but lawyers claim their client was left with a traumatic brain injury, post-traumatic stress disorder, facial contusions, abrasions, bruising, emotional distress and other issues, according to the suit.

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Fieger Law revealed on Wednesday this is the third lawsuit against Rodriguez during his 14 years as a City of Warren Police officer, involving claims of excessive force, failure to intervene and state law claims of assault and battery.

Dwyer told WWJ's Jon Hewett and other reporters at a press conference that this incident undermines everyone under his command.

"You know, I've been in law enforcement for a lot of years, and it pains me to see that an officer like Rodriguez can tarnish the reputation of law enforcement the way he did; especially in the city of Warren, the Warren Police Department."

"He (Rodriguez) gets what he deserves," Dwyer added. "I mean, he brought it upon himself, and it's a shame. But he has tarnished the entire Warren Police Department, because the perception's going to be by many people out there that are going to see the story tonight, get the news that Warren police officers are like this officer...and they're not."