This Army Lt. Ain’t Backing Down on The $1 Milli He Sued For
In 2020, the entire nation saw the video of Lt. Caron Nazario get pepper-sprayed and beaten down by Windsor, Va. police officers during a traffic stop. In his latest attempt at justice, he asked a federal appeals court to grant him a new trial.
Nazario filed a lawsuit in April 2021 claiming Officers Daniel Crocker and Joseph Gutierrez racially profiled him, used excessive force, falsely imprisoned him and illegally searched his vehicle during the 2020 traffic stop. He sought a whopping $1 million in the suit but was only awarded $3,685 in damages in January. Out of his several allegations, the jury only put a price on the assault by Gutierrez and illegal search by Crocker.
Read more
Returned Asteroid Sample Canister Contains Way More Asteroid Than Expected
Your Guide to October’s Much-Anticipated ‘Ring of Fire’ Solar Eclipse
In a legal brief filed Monday, Nazario argues that the court erred when it found in a pretrial ruling that Officers Joe Gutierrez and Daniel Crocker had probable cause to believe Nazario committed the crimes of eluding police, obstruction of justice and failure to obey an order.
Nazario also contends that the court erred when it dismissed his claims of unreasonable seizure, excessive force and First Amendment retaliation. He also claims the court gave two erroneous jury instructions and is asking for a new trial. He filed his appeal with the 4th U.S. Circuit Court of Appeals in Richmond.
“We believe that the jury’s verdict was in part influenced by some of the rulings the trial court made, and we are asking the 4th Circuit to review those rulings,” said Jonathan Arthur, Nazario’s lawyer.
The viral video of the incident shows Nazario in uniform getting pulled over at a gas station. The officers said he was pulled over for not displaying a license plate which Nazario explained was hung in the top corner of his back window. Both cops ordered Nazario to get out of the car with their guns drawn. Nazario refused to exit the car and continued to ask why he was being stopped with both his hands held outside of the window.
Gutierrez pepper-sprayed him through the car window. Once Nazario stumbled out of the vehicle, he was struck in the legs and forced to the ground. The other officer then searched the car for narcotics.
This stop was one of the many reviewed for police misconduct against Black motorists in Windsor. The investigation found more Black motorists had their cars searched than white motorists. The ordeal ended in a settlement with Virginia Attorney General Jason Miyares, the report says.
More from The Root
Sign up for The Root's Newsletter. For the latest news, Facebook, Twitter and Instagram.
