Rael
07-27-2011, 02:05 AM
CLEVELAND—
A civil rights lawsuit has been filed against two Cleveland police officers in U.S. district court on behalf of a Cleveland family.
One officer is named in the lawsuit for using excessive force on a child and the other for not intervening.
In the lawsuit, Ramon Ortiz and his wife, Alma Perez, allege the officers brutalized their 17-year-old son, Juan, who has down syndrome.
The alleged incident occurred Aug. 16, 2010 in front of their Lorain Ave. apartment.
"The Ortiz family was minding their own business," said Attorney Subodh Chandra. "Young Juan Ortiz was sitting on the sidewalk, listening to his walkman."
Two patrolmen responding to an armed robbery less than a half mile away from the apartment building arrived and began moving toward Juan.
The family says Juan ran because he was afraid of the men.
One officer caught Juan and Ramon Ortiz says, "He took my son and slammed him into my car like a football player."
Chandra says, "He threw him up against Mr. Ortez's hot vehicle and held him there for awhile until Juan received a burn in his pubic area and later he had to have surgery for it."
Chandra says the entire time during the attack the family and neighbors tried to tell the officers that Juan has down syndrome and was not the person from the robbery, but they say the officers did not listen.
"I thought he was going to kill him," said Ramon Ortiz, Juan's father.
A spokesperson for the city released a statement saying, "City officials need time to fully review the complaint and cannot comment on it at this time."
Cleveland Police Patrolmen's Association President Steve Loomis said that the incident was "unfortunate but explainable."
He says the officers were looking for an armed robbery suspect in a "red shirt and blue jeans" and Juan was wearing a "red shirt and blue jeans."
Loomis says the officers released Juan as soon as they realized they had the wrong person.
In addition to that, he says the officers offered to have EMS transport or "examine" Juan but the family refused.
"Perhaps they made a mistake," said Chandra. "But when you have the family trying to explain this is a child with down syndrome and the person they're looking for is in their 50's or 40's and is a white male and this is 4'11" and 118 lb. Latino child, you have to wonder what's wrong with them."
The family is seeking unspecified damages. They say Juan has lingering health problems and is still traumatized and terrified of police.
"And it's very hard to explain the issues to a downs child so that he understands and lets it go," said Chandra.
The defendants have 30 days to respond to the complaint.
http://www.fox8.com/news/wjw-lawsuit-cleveland-police-teen-down-syndrome-ss-txt,0,4236152.story
A civil rights lawsuit has been filed against two Cleveland police officers in U.S. district court on behalf of a Cleveland family.
One officer is named in the lawsuit for using excessive force on a child and the other for not intervening.
In the lawsuit, Ramon Ortiz and his wife, Alma Perez, allege the officers brutalized their 17-year-old son, Juan, who has down syndrome.
The alleged incident occurred Aug. 16, 2010 in front of their Lorain Ave. apartment.
"The Ortiz family was minding their own business," said Attorney Subodh Chandra. "Young Juan Ortiz was sitting on the sidewalk, listening to his walkman."
Two patrolmen responding to an armed robbery less than a half mile away from the apartment building arrived and began moving toward Juan.
The family says Juan ran because he was afraid of the men.
One officer caught Juan and Ramon Ortiz says, "He took my son and slammed him into my car like a football player."
Chandra says, "He threw him up against Mr. Ortez's hot vehicle and held him there for awhile until Juan received a burn in his pubic area and later he had to have surgery for it."
Chandra says the entire time during the attack the family and neighbors tried to tell the officers that Juan has down syndrome and was not the person from the robbery, but they say the officers did not listen.
"I thought he was going to kill him," said Ramon Ortiz, Juan's father.
A spokesperson for the city released a statement saying, "City officials need time to fully review the complaint and cannot comment on it at this time."
Cleveland Police Patrolmen's Association President Steve Loomis said that the incident was "unfortunate but explainable."
He says the officers were looking for an armed robbery suspect in a "red shirt and blue jeans" and Juan was wearing a "red shirt and blue jeans."
Loomis says the officers released Juan as soon as they realized they had the wrong person.
In addition to that, he says the officers offered to have EMS transport or "examine" Juan but the family refused.
"Perhaps they made a mistake," said Chandra. "But when you have the family trying to explain this is a child with down syndrome and the person they're looking for is in their 50's or 40's and is a white male and this is 4'11" and 118 lb. Latino child, you have to wonder what's wrong with them."
The family is seeking unspecified damages. They say Juan has lingering health problems and is still traumatized and terrified of police.
"And it's very hard to explain the issues to a downs child so that he understands and lets it go," said Chandra.
The defendants have 30 days to respond to the complaint.
http://www.fox8.com/news/wjw-lawsuit-cleveland-police-teen-down-syndrome-ss-txt,0,4236152.story