Seriously Injured in 2001 Police Beating, Victim’s $1.2 Million Judgment Will Stand

Qualified Immunity Claim

By Officers in 2001 Beating

Rejected By Appeals Court

The 9th U.S. Circuit Court of Appeals has ruled three Metropolitan Police Department officers must pay $1.6 million for using excessive force on Charles “Chuck”  Barnard back in 2001. The court rejected the officers’ claims of “qualified immunity.”

The ruling stems from a  Dec. 8, 2001 incident which began when  Barnard heard the distinct knock of the police on his door. Confident in the knowledge he had done nothing wrong, the former Marine opened the door and was immediately confronted by Las Vegas Metropolitan Police Officers Steven Radmanovich, Greg Theobald and Gary Clark. The officers were not looking for Barnard, but were trying to serve an arrest warrant on his brother. 

Not wanting to get caught up in whatever it was they thought his brother had done, Barnard immediately told the officers he would cooperate in any way he could. With his hands raised, Barnard was escorted from his apartment by Theobald, while the other officers began to enter the apartment looking for Barnard’s brother.

LVMPD's Greg Theobald

LVMPD’s Greg Theobald

Despite the fact Barnard had committed no crime and was fully cooperating with officers, Theobald began to handcuff him. That’s when things went horribly wrong. Apparently unable to focus on both handcuffing the innocent Barnard and watch where he was walking, Theobald tripped over a large flower pot sitting in front of the apartment. Rather than accept responsibility for his own clumsiness, Theobald began to treat Barnard as if he had caused him to fall. Mistaking Theobald’s inability to watch where he was walking for Barnard’s resisting arrest, all three officers began attacking Barnard. They coated him with  pepper-spray. One officer wedged a knee into his neck while employing a controversial choke-hold.

As a result of the incident Barnard was seriously injured, forced to undergo four spinal fusion surgeries and will most likely spend the rest of his life in constant pain. While the investigation conducted by Metro cleared the officers of any wrongdoing, a federal jury found that the officers had violated Barnard’s civil rights and awarded him $2.1 Million. A judge subsequently reduced the award to $1.6 million, which the  officers appealed, claiming they had “qualified immunity,”

Qualified Immunity shields government officials from civil liability if a reasonable person would not consider their conduct a violation of constitutional rights.  In a 21-page ruling the 9th Circuit Court denied the officers appeal, stating:

“a reasonable officer would have known it violated clearly established law to use a chokehold on a non-resisting arrestee who had surrendered, pepper-spray him and apply such knee pressure on his neck and back that it would cause the collapse of five vertebrae in his cervical spine.”

radmon

Steven Radmanovich

Theobald, the only officer still working with Metro, was one of three officers involved in the February 1, 2012 fatal shooting of 23-year-old Jason Baires. Theobald was shot in the hip during an exchange of gunfire which erupted when officers attempted to arrest Baires for the gruesome murder of his mother’s boyfriend. In 2012 Theobald salary and benefits cost taxpayers $149,342.65.

Radmanovich left Metro and joined the Humboldt County Sheriff’s Office in mid 2012. Prior to moving to Winnemucca, Radmanovich cost Clark County taxpayers $97,635.78 in salary and benefits.

“Out of the Mouths of Babes”

 “Because I have the right to.”

 Suddenly We’re Not So Afraid

For the Future of America

I’m just sorry it took us this long to uncover this YouTube video of a Las Vegas Metro Police officer and a 12-year-old boy named Jeremy Drew  who outed him for the coward he is.

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KVVU Fox 5 has the full story.

My Life as a Tyrant

When police are faced those of us who know the truth about how deeply dishonesty, aggression and violence has infected their ranks, when the can’t help but recognize how accurate our understanding of their community is, they invariably offer the most desperate of all clichés.

 

Until you’ve walked a mile in our shoes…..

 

 
This assumption that their ability to rationalize police misconduct is a result of doing a job, they’ve been told is dangerous,

So how will they rationalize Officer Chris Hernandez’s chilling warning:

If you think our police are no threat to your freedom, you’re living in a fantasy world.

 

 

 

chrishernandezauthor

I’m going to say something that will undoubtedly cause me to lose some police officer friends. But I feel it needs to be said anyway. I’m willing to take the heat for it.

Keep in mind, I became a police officer because I wanted to be a good guy. Even though we’ve all seen reports of police brutality and corruption, I still believe we cops are the good guys. I’ve seen cops perform brave, selfless acts for strangers on countless occasions. Even the worst cops I’ve ever known would risk their lives to defend the innocent. But I have to say this anyway. Before you start throwing shoes, hear me out. I have a good reason for saying it.

If you think our police are no threat to your freedom, you’re living in a fantasy world.

Now I’ll explain what I mean. I worked for the United Nations Police Mission…

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Where We Learn When Being Rear-ended Is Your Fault

The Question Remains;

How Many Metro Officers Abusing Authority

Before We Kill The “Few Bad Apples” Conceit?

On February 16th, 2013, JohnPaul Rosario was riding his motorcycle to work at the Planet Hollywood when he was hit from behind by another vehicle. The Nevada Revised Statutes are very clear on the matter:

NRS 484B.127  Following too closely.

1.The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

Describing the contact as a mere “love tap,” Rosario expected, as most of us would, an expression of concern from the offending driver. A simple, “Are you okay,” would be the response of most civilized individuals.

Unfortunately for Rosario, that wasn’t the way one would describe the other motorist. The most accurate description? He was one of the Las Vegas Metropolitan Police Department’s finest.

Is anyone surprised at this officer’s behavior? In a culture supportive of perjury, whose officers feel free to disobey orders and endanger innocent drivers and where shooting unarmed citizens in the back is just part of the job, should we be shocked when an officer threatens to falsely accuse someone of a crime in order to get out of a minor finder bender?

Rosario has been promised an investigation is being conducted, but as of today, Metro can’t even identify the officer.