After a bit, when the officer did not pass him, he realized it was for him and immediately slowed his vehicle down to about 1/2 of the posted speed limit, identified the safest and brightest lit space ahead to pull over, and proceeded directly there at a slow speed, changing lanes slowly with his flasher and using his turn signal turned into the BP station and stopped his car. Nazario filed a lawsuit. 2000) (no prosecution necessary where there is a threat, coercion, or intimidation intimating that punishment, sanction, or adverse regulatory action will imminently follow)(emphasis added). The suit accuses both officers of racially motivated police brutality. Similarly Crockers counsel promised the jury that the evidence would show that Lt. Nazario was not injured and that it was Lt. Nazarios fault. That is why I have now filed suit to ensure accountability and to protect Virginians rights. Virginia Attorney Generals Office. The blindfolds depicted on statutes of Lady Justice are needed now more than ever.. The phrase just listen, something Crocker had said to Nazario, also triggers his repetition response. The court then followed up on answers to questions each had previously completed to a questionnaire. The officers faced four counts: assault . He has degrees from Harvard, and obtained his law degree in Richmond. The plaintiff is left guessing as to each of these paragraphs whether Gutierrez is denying the factual allegations alleged in the complaint. He served as a police offer for 12 years in Florida with over 200 felony arrests and more than 1000 misdemeanor arrests and. The jury began deliberations around 1:00 p.m. and continued until 4:30 p.m. when the court gave them the option of calling it a day or working until 5:30 p.m. She testified that he began to become obsessively conscious about safety and frequently carried his handgun even in the house. 31. Jury deliberations are underway in Army Lt. Caron Nazario's $1 million lawsuit against Windsor Police Officer Daniel Crocker and ex-officer Joe Gutierrez, the trial for which is taking place at the Spottswood W. Robinson III and Robert R. Merhige Jr. Federal Courthouse in Richmond. In this image taken from Windsor, Va., Police body camera footage, Lt. Caron Nazario is helped by an EMT after he was pepper-sprayed by Windsor police during a traffic stop in Windsor, on Dec. 20 . Arruda said his life turned around when he became sober at the age of 21. How do I get a copy of the search warrant, affidavit and return. He testified that Lt. Nazario was called up to duty after January 5, 2021 when the Virginia National Guard was called to the capitaland that he observed substantial changes in Lt. Nazario and that he needed help and more concrete directions to successfully fulfill his medical duties. Defendant Crocker then called as an expert Brandon Tatum, an officer with only 6.1 years of experience as a former police officer in Tuscon Arizona. The specific right at issue here, the right to be free of threats of imminent, adverse regulatory action [or threat of criminal prosecution without probable cause] due to the exercise of the right to free speech, was clearly established by this Court in Suarez. Blankenship v. Manchin, 471 F.3d 523, 533 (4th Cir. When an officer has unreasonably increased a citizens fear by unreasonable escalation, including unreasonably drawing weapons and pointing those weapons at the citizen that it is unreasonable to expect a citizen to step out of the vehicle. Lt. Nazario was told that if he would chill and let this go, they wouldnt file charges and would take the handcuffs off and let Lt. Nazario go. Earlier this month, Nazario's attorney filed a $1 million lawsuit against the officers in Norfolk federal court. It should have issued an immediate apology to Lt. Caron Nazario and the nation. In a new report released . The Court extended the time previously set for Defendants to designate their medical experts, over the objection of the plaintiff, necessitating a short delay in the trial date. Mark Bong is an attorney in Virginia whose practice includes representing law enforcement in disciplinary and decertification matters. Response to July 29, 2022 Letter from Special Prosecutors finding that no violation of state law occurred (Click here for copy), We agree with the special prosecutor that Gutierrezs statements throughout the entire ordealwould lead a reasonable person to wonder whether underlying bias was at the root of how and why [Lt.] Nazario was treated in like manner.. He complied and turned his car off at the request of the officer. Arthur also called upon Nazarios psychiatrist, Dr. James Sellman, and psychologist Shawn Utsey to testify. The jury awarded 2nd Lt. Caron Nazario a total of $3,685 in the lawsuit against Windsor, Virginia, police officers Joe Gutierrez and Daniel Crocker. These video recordings speak for themselves, and this defendant denies the allegations of paragraph [ ] to the extent they misstate or mischaracterize the contents of such video recordings. This defendant denies all allegations of paragraph [] not specifically admitted above., Windsor Town Manager William Saunders emailed The Smithfield Times FYI-Officer Gutierrez blanked out his phone before returning it, so those texts were lost. Defendant Gutierrez is alleged to have erased all text messages and emails from his town-issued cell phone prior to returning it to Windsor Officials! Can I sue person who gave me herpes, chlamydia, HIV or other STD in Virginia? " MOTION -- A NEW TRIAL FOR LT. CARON NAZARIO Ask Did the jury faithfully apply the law in Instruction No. The court also ruled that Lt. Caron Nazario will be able to have his state claims for assault and battery and false imprisonment tried by a jury, explaining that the reasonableness of the officers actions was a matter for the jury to decide. stopping the vehicle was a sign of compliance. Count 4 unlawful pattern and practice violating the Virginia Community Policing Act. Richard Matthews, co-counsel to Lahren for Crocker, stated in his closing argument that Crocker could not have acted with malice, since after Nazario was in handcuffs, hed gone into the BP convenience store to get him water hed requested, and had even warned Nazario that pouring it over his eyes, as he planned to do, would make the burning sensation from the pepper-spray worse. This degradation is most pernicious to rights that are rarely litigated outside the context of [42 U.S.C.] 5/17/2021 Defendant Crocker filed responses. (Jason Viau/CBC) Brandyn Steinwender says the lawsuit he filed against Windsor police stems from what happened on Ouellette Avenue, near Park Street in the early morning hours of November 10, 2019. On cross examination by Swauger, Reinhold testified that the officers may have suspected Nazarios car of transporting drugs, noting drugs tend to go through rural towns.. During the stop of Lieutenant Nazario, officers of the Department pointed their firearms at Lieutenant Nazario and subsequently deployed aerosolized pepper spray repeatedly on the Lieutenant. (The court later provided instruction to the jury that a citizen may lawfully resist unreasonable force). , Case 2:21-cv-00169-RCY-LRL Document 247 Filed 01/24/23 Page 7 of 17 PageID# 4951. On Thursday, Gutierrezs legal team called West Jordan, Utah, Police Chief Ken Wallentine and Crockers team called former Tuscon, Arizona, police officer-turned-YouTube content creator Brandon Tatum to the stand to testify as use-of-force experts. Despite the fact that Lt. Nazario was in handcuffs outside of the vehicle, Officer Crockers ignorance of Constitutional and Virginia law abounds with a claim that the search of the vehicle without a warrant was tantamount to a frisk,was not a seizure, ( 88) and [he] did not conduct any search. Nazarios opening delivered without props explained to the jury the facts that would be presented in the trial, reviewing all of the acts of compliance by Lt. Nazario, beginning with his slowing the vehicle once he realized the blue lights and siren were directed at him, identifying the most well-lit space ahead, using his turn signals before changing lanes, pulling into the BP station, and stopping his car. 1st Amendment ANOTHER BLISTERING CRITICISM OF PETERSBURG GOVERNMENT BY THE COURTS TODAY WITH AN OPINION BY THE 4TH CIRCUIT STRIKING DOWN PETERSBURG POLICE DEPARTMENT BAN ON SOCIAL MEDIA CRITICISM OF THE DEPARTMENT, A SUMMARY OF POWER OF ATTORNEY LAW AND DUTIES IN VIRGINIA, Summary of the Collateral Source Rule in Virginia Injured party recovers all damages even if paid by a separate 3rd party insurance contract. 1959), citing, Aetna Casualty & Surety Company v. Yeatts, 122 F.2d 350 (4th Cir. Lieutenant Nazario is a Black, Latino man. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Boy Scouts Troop 1 celebrates 100 year anniversary, SPD seeks publics help in fatal hit and run, Community gathers for safety at Law Enforcement Forum, Suffolk man indicted in connection with August shooting. Nazario, who is of Black and Latino descent, accuses the two white officers of racially motivated police brutality for holding him at gunpoint during a Dec. 5, 2020, traffic stop and shouting conflicting commands at him to keep his hands out of his cars window and exit the vehicle. After Gutierrez forced Nazario from his car, Crocker had removed the firearm and checked its serial number, which U.S. District Court Judge Roderick Young ruled in August constituted an illegal search. The next morning, she heard him watching a video on repeat, and recognized Nazarios voice in the recording. Defendant Crocker, ignoring the fact that Lt. Nazario was silenced at the scene, argues Plaintiffs First Amendment rights have clearly not been chilled as evidenced by the filing of this lawsuit, the lack of any charges filed against him by either of the Defendants, the Plaintiffs ability to establish a GoFundMe account, and an Instagram account concerning the December 5, 2020 traffic stop, and the extensive press and television interviews given by the Plaintiffs counsel on his behalf. (102). FRCP Rule 8(b)(1)provides that an. Nazario had a temporary New York plate taped to the inside of his cars rear window, but Crocker said he didnt see it and accused the lieutenant of eluding police for having driven roughly a mile down Route 460 to a BP gas station before stopping. He had even pursued a career with NYPD and the NY State Police before deciding to serve as a military officer with the Army. Madu, a high school counselor and doctoral student at Nazarios alma mater, Virginia State University, testified in Richmond the afternoon of Jan. 10, the second day of a weeklong trial to resolve Nazarios claims of false imprisonment and assault and battery by the officers. It can occur as a result of living through combat, rape, a natural disaster, historical trauma, domestic violence or bullying. Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. TD Bank Group says it will pay US$1.205 billion to settle a lawsuit in connection with a multi-year Ponzi scheme. He explained that failing to communicate and explain to citizens needlessly increased the danger to everybody, increasing the risk for potentially deadly mistakes and miscues. Upon information and belief, the Department has executed other such felony stops. As a result, he did not receive an estimated $80,000 to $100,000 in overseas pay. He explained to the jury that serving in the military was his dream, because it was his privilege to serve and fight for this county. A suspect wanted in connection with the death of a long-time CBC journalist has been arrested and charged with manslaughter after he turned himself in to police.. Douglas (Michael) Finlay, 73, was . The jury failed to apply the law to this case and a new trial should be granted! Prince Andrew should be slung out of his grace-and-favour mansion unless he agrees to pays more than the 250-a-week peppercorn rent he is reportedly being charged, royal experts told MailOnline . Until then, our Federal District Courts and our Federal Appellate Courts will be forced to apply the doctrine notwithstanding their clear understanding of its destructive pernicious nature.. 5/14/2021 Defendant Gutierrez filed responses. (Photo by Stephen Faleski) Access to these public documents were available at the court. A lawsuit filed earlier this year by Nazario against Windsor officers Joe Gutierrez and Daniel Crocker alleges excessive force and other constitutional violations, and claims the officers struck . The Town of Windsor disclosed on 4/11/2021, that Officer Gutierrez has been terminated from his employment. He had been stopped in Windsor for speeding about 1 month before, in the same vehicle with the same registration hanging in the window without having firearms pointed at him but was particularly mindful of the speeding traps and was driving through Windsor on December 5, 2020 obeying all of the moving laws and regulations. A proposed class-action lawsuit accuses the British Columbia government of "sexism and genocide" over a decades-long practice of coercing Indigenous women into sterilization . But Officer Crocker did see and later admitted to seeing the registration taped to the window at the outset of the stop at the BP station. The trial court may weigh the evidence and consider the credibility of the witnesses. Nazario, who is of Black and Latino descent, filed a federal lawsuit in 2021 accusing the two white officers of racially motivated police brutality for having held him at gunpoint during the 2020 traffic stop and shouted conflicting commands at him to keep his hands out of his cars window and exit the vehicle. The five-day trial in Army Lt. Caron Nazario's lawsuit against two Windsor police officers captured on camera pepper-spraying and threatening him during a traffic stop will start March 28.. The video was the cellphone footage hed recorded from his car of the interaction. See Va Code 19.2-59. WINDSOR, Va. Virginia Attorney General Mark Herring is suing the Town of Windsor, alleging that its law enforcement engaged in discriminatory policing practices. Aug. 7, 2020), Although, rejecting the defendants motion on the grounds that the plaintiff did properly allege the absence of probable cause, the court made it clear that on this standard of review, it would not be necessary, stating, Likewise, it would be reasonable for this Court to find that police normally do not escalate and arrest individuals that wait until finding a well-lit area to pull over for minor traffic offenses.. Rights mean nothing unless those we do not like are afforded those rights. The Windsor Police Service and the Windsor Police Services Board announced they are doubling the reward for information that leads to the arrest of the those responsible for the killings of Debilleanne Williamson and four-year-old Brandon Rucker. The state suit against the Town of Windsor is based upon state laws of the Virginia Human Rights Act and the Virginia Community Policing Act. No words were coming out my body started shaking; I began crying, Nazario said, recalling the only words he was finally able to blurt out were, I was almost killed.. Associate Andrew Bodoh assisted with work leading up to the trial. Whether or not Crocker intends to exercise his 5th Amendment rights during these investigations simply should not prevent Plaintiff Nazario from access to the subpoena powers and other discovery to timely collect evidence! 1, 56-58 and footnotes 75 80. Published 4:56 pm Wednesday, January 11, 2023. He explained that in the military it was drilled into him, never point a weapon at anyone he was not prepared to kill or destroy. Herring began what his administration had termed a pattern and practice investigation of Windsor last year after video footage went viral online showing WPD officers Daniel Crocker and Joe Gutierrez holding 2nd Lt. Caron Nazario an Army officer of Black and Latino descent at gunpoint and pepper-spraying him during a Dec. 5, 2020, traffic stop. The matter was set for a final pretrial conference and 5 day jury trial. Plaintiff present and appeared through Jonathan Arthur and Thomas Roberts. After 5 days of evidence, the jury determined that Gutierrez did assault Lt. Nazario but awarded only $2,685 to compensate Lt. Nazario for the damages he suffered and declined to punish Gutierrez or to send a message to other police officers that this conduct is unacceptable. He saw a police car stopped for a traffic light as he passed by, but shortly thereafter, he saw blue lights and heard a siren behind him. Herring leaving office. Over the years, this well-intentioned doctrine has morphed into something quite different and quite dangerous., Attorney Arthur further explained the application of the pernicious qualified immunity doctrine that shields police officers from misconduct, stating, The judicially created doctrine of qualified immunity should bother persons of all political ilk and Constitutional persuasion: For those that lean towards substantive due process, because it shields officers from liability and leaves many wrongs unaddressable at the Federal level; For the textualists and originalists, because it is judicially created and completely absent from the text of the statute as congress passed it 42 U.S.C 1983;For all of us because it reduces the meaning of the Constitution to the lowest plausible conception of its content. He continued, Qualified Immunity is an abomination unto Lady Justice. He presented a chart showing the commands and Lt. Nazarios compliance. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. Statement from the Town of Windsor December 30, 2021 with this Firms comments. Members of Police on Guard are also involved in similar court actions. According to former Windsor Police Officer Gutierrez, 80% of the time it is minorities that drive to a well-lit area before stopping. Federal Court COVID19 update 7/30/2021, 7-20-2021Court Record Docket Text: Minute Entry for proceedings held before District Judge Roderick C. Young: Initial Pretrial Conference held on 7/20/2021. That issue will then go to a jury on damages. The federal lawsuit obtained by The Washington Post, which was filed in the Eastern District of Virginia on April 2, is seeking at least $1 million in damages and for the court to rule that. Video of the 2020 incident in the small town of Windsor got millions of views after Caron Nazario filed the federal lawsuit, highlighting fears of mistreatment among Black drivers and raising . Windsor Police Chief Rodney Dan Riddle terminated Gutierrez in April 2021 following the release of the footage, but allowed Crocker to remain on the force. A Black soldier in uniform who was pepper-sprayed in his car by Virginia police officers during a traffic stop has been awarded less than $4,000 in a million-dollar lawsuit against the two officers. That happened on Dec. 5, 2020. He also testified that under certain circumstances even with hands out of the window, force may be used to extract a person from the vehicle, including use of a k-9. Gutierrez then pepper-sprays Nazario and forces him out of his vehicle and onto the ground. Jury Failed to Follow Instructions and Law: Croker claims The jury could have reasonablyfound that Gutierrezs statements constituted an assault, but that Nazarios actions in continuingto resist and refusing to comply with commands even after Gutierrez and Crocker holstered theirweapons, was unreasonable, thus justifying the use of pepper spray., Case 2:21-cv-00169-RCY-LRL Document 247 Filed 01/24/23 Page 5 of 17 PageID# 4949, Croker claims Thus, even if Nazariosfalse assertions in his motion for a new trial were actually true, there is no evidence that suchresulted in any harm to him based upon his own doctors conflicting reports. referencing It was clear at trial that Nazario did not provide the sameinformation to Dr. Utsey (his psychologist) that he provided to Dr. Sellman (his psychiatrist). Nazario, she said, started talking in his sleep, even shouting statements like, Its the risk of driving while Black! a sentiment he hadnt expressed prior to his encounter with the two officers. The Court is to issue a scheduling order. Given that the Complaint cites questionable data on the quantity and nature of traffic stops and searches, as well as its reporting, the suit lacks any context as to what the Town has done over the past year to address any concerns. John Kennedy, R-La., and James Lankford, R-Okla. That said, the Town is always willing to review its policies and make changes in order to adhere to state law or be in accordance with accepted policing procedures. Crocker and Gutierrez were involved in a "high-risk traffic stop" when they pulled over Army medic officer Mazario in Norfolk, Virginia, in December 2020. Nazario had told jurors on Monday that hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. Nazario was reluctant to go but was Reinholds only medical service officer, the colonel testified. Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident? Windsor Police Officer Joe Gutierrez has been fired after an internal investigation was conducted into his conduct in a December 2020 incident. Under these circumstances, a person may use reasonable force to resist the arrest and unreasonable force by an law enforcement officer. He acknowledge that this violated the Windsor police policy. 41 An officer has the right to use reasonable force to make a lawful arrest. The body-worn camera video taken by Gutierrez was also played and admitted into evidence. Citing Cromartie v Billings, one of the cases won by Lt. Caron Nazarios law firm in the Virginia Supreme Court, the court explained that Virginia only provides officers immunity for negligencepolice officers are liable for gross negligence or intentional torts. 2006) (the threat of imminent regulatory action), see, also, Suarez, 202 F.3d at 687-88 (4th Cir. PTSD symptoms, according to the American Psychiatric Association, can include nightmares or flashbacks, and feeling detached or estranged. Both before and following the incident that occurred over a year ago involving Lt. Caron Nazario, which purportedly prompted the Herring investigation, Windsor practiced non-discriminatory policing, but it still took additional steps in the spring, following media coverage and statements by citizen groups at multiple public hearings, to increase training and accountability. When he stopped, officers Gutierrez and Crocker had guns drawn and were yelling inconsistent commands to keep his hands out of the vehicle and to open his door and get out of the vehicle. E.g.,Blankenship, 471 F.3d 523 (4th Cir. 4/2/2021 The civil rights complaint arising from the December 5, 2020 incident was filed in the United States District Court for the Eastern District of Virginia, Norfolk Division. He explained that failing to communicate and explain to citizens needlessly increased the danger to everybody, increasing the risk for potentially deadly mistakes and miscues. Thats his father, Madu replied, also noting that she works during the day. Pursuant to both Blankenship, and Suarez, the Lieutenant as appropriately alleged and supported with facts, threat intimating imminent punishment. Dr. Sellman using his experience, training and the DSM5 diagnosed Lt. Nazario to have severe PTSD, General Anxiety Disorder and a Panic Disorder. Discovery Continues with a protective order in place related to certain information produced in discovery. He was unable to testify that either Guterriez or Crockers actions were reasonable, but offered testimony regarding what a reasonable police officer would do in various situations. Defendant Crocker asks the court to prevent Plaintiff Nazario from gathering evidence and conducting discovery with a Motion to Stay during the pendency of the investigation by the Virginia State Police, the Virginia Attorney General and the Federal Bureau of Investigations (FBI). We look forward to having a reasonable conversation with the next Attorney General regarding the Towns law enforcement practices. Dec. 31, 2021 Virginia's attorney general filed a lawsuit on Thursday against the town of Windsor, seeking changes in policing and saying that his office's monthslong investigation uncovered. putting hands out of the window upon command was a sign of compliance. Lawsuit: Windsor police officers threatened man and his career during traffic stop Army 2nd Lt. Caron Nazario is suing the two officers involved in the December 2020 traffic stop, in which officers Daniel Crocker and Joe Gutierrez pepper sprayed a uniformed Nazario after holding him at gunpoint. Bong explained that ordering a citizen out of the vehicle in a traffic stop or a terry stop was legal but not always reasonable under the circumstances. The man, a regular player from the Northern Rivers, claimed the hefty sum earlier this week following a call for all customers of Lismore Central Newspro to check their tickets. It is not clear why the release came out on July 29, 2022. 5/14/2021 Gutierrez response to complaint. THIS HAS TO STOP! There is no mention of whether the force was excessive in light of the conflicting commands to keep his hands out of the vehicle (which Lt. Nazario obeyed throughout) and to exit the vehicle, (he had given multiple commands for Nazario to exit the vehicle) or the fact that the license was visible from the window when the car stopped in the well-lit gas station or of the statements that both officers placed in their official paperwork regarding actions that they allege occurred, and which the videos (theirs and Lt. Nazarios) do not support. On Monday, 1/9/2023 at 9:00 a.m., jury selection began in the civil rights trial of Lt. Caron Nazario v. Joe Gutierrez and Daniel Crocker for the horrible manner in which he was treated by officers from the Town of Windsor Virginia in a simple traffic stop. The estate of Seth Franco was awarded $3.41 million by a jury on Oct. 22 in his lawsuit against the city of Boulder and Boulder police Sgt. 29. The up and down was just too much for me as a breastfeeding mother, Madu said. Windsor police lawsuit day 2: Nazario 'just different' since traffic stop, girlfriend testifies Published 4:56 pm Wednesday, January 11, 2023 By Stephen Faleski Gutierrez, as shown on Officer Daniel Crocker's body camera pepper-spraying Army 2nd Lt. Caron Nazario Rather, if the officer escalates the interaction unnecessarily, it triggers the citizens right to self defense and the officer has ceded the right to use force. On or about December 5, 2020, the Department stopped a driver, Lieutenant Caron Nazario, in what the Department indicated was a felony stop. Lt. Nazarios team called as a rebuttal witness Nazarios battalion commander, Lt. Col. Charles Reinhold. On cross-examination, attorney Arthur elicited from her that she was paid $6,000 by the defendants, and that she is called as an expert witness in about 20 cases each year. In a lawsuit filed earlier this month, Nazario says his rights were violated during the stop in the town of Windsor. FIRM COMMENT: We are pleased to see steps taken by the Town of Windsor we believe these steps should have been taken before the tragicencounter with Lt. Caron Nazario, and certainly after we notified the Town of Windsor of our concerns. On August 9, 2022, the U.S. District Court granted summary judgment finding that Windsor police officer Crocker violated the 4th Amendment and Virginia state law by unlawfully searching Lt. Caron Nazarios vehicle without a warrant or consent. That issue will then go to a jury on damages. The Virginia Attorney General's Office, which is conducting a "pattern and practice" investigation of the Windsor Police Department to look for any pattern of discriminatory or abusive policing over the past 10 years, also has not responded to a request for comments on the status of that investigation. Crockers body-worn camera video tape of the incident was played and admitted into evidence. Isle of Wight Commonwealth's Attorney Georgette Phillips, whose office prosecutes cases in Windsor, recused herself because her office had worked with one of the officers, according to Hampton. Nazario has filed a $1 million lawsuit against the former lawman and Officer Daniel Crocker, who was also involved in the incident but remains on the force. The role of the Commonwealth Attorney is to determine whether or not he believes based upon the evidence that the Commonwealth can prove each element of an alleged offense beyond a reasonable doubt or to exercise prosecutorial discretion not to prosecute a crime. Defendants appeared through Coreen Silverman and Anne Lahren. The Army has initiated what it terms a mental health profile on him, which ended up barring him from deploying with his unit. On Tuesday, Nazarios girlfriend, Sadie Madu, took the stand. On December 5, 2020, he was returning from active service with the United States Army as a medical officer evaluating the soldiers medical readiness for a deployment then planned. (Plaintiff if ready otherwise ready for trial once the defendants appeals are denied, he will file in preparation for the trial his discovery designation, witness list, and exhibit list). The arrest and unreasonable force ) Pender & Coward age of 21 # ;. 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