Jun. 16th, 2011

azn_jack_fiend: (Seven Samurai)
I took this out of the court case and put it by itself, because I couldn't imagine adding anything. It's a gripping horror story that almost made me cry. It happened last year, in the northern Atlanta suburbs.



FACTUAL ALLEGATIONS

19. On the afternoon of March 26, 2010, Plaintiff Angel Francisco Castro-Torres (“Mr. Castro”) was traveling south along South Cobb Drive in Cobb County, Georgia on a bicycle.

20. As Mr. Castro traveled south on South Cobb Drive, he passed in front of Defendants Lignitz’s and Walraven’s marked patrol car, which was waiting at a red light in an eastbound lane of a road intersecting South Cobb Drive.

21. Defendants noted that Mr. Castro was Hispanic as he rode past them.

22. Mr. Castro was not known to Defendants.

23. Defendants had no information as to any prior conduct or misconduct on Mr. Castro’s part.

24. Mr. Castro was unarmed.

25. At no time relevant to this action did Defendants have any reason to believe that Mr. Castro might have been armed, dangerous or about to commit a crime.

26. Defendants turned to follow Mr. Castro south on South Cobb Drive.

27. Defendants motioned to Mr. Castro to stop his bicycle and pulled their car into the intersection of South Cobb Drive and Old Concord Road, where Mr. Castro stopped his bicycle, in compliance with Defendants’ directions. This March 26, 2010 encounter, and subsequent questioning are referred to hereinafter as “the Terry stop.”

28. At no time relevant to this action did Defendants activate their marked patrol car’s warning lights.

29. Defendants purport to have made the Terry stop because Mr. Castro failed to yield to traffic.

30. At no time relevant to this action did Mr. Castro fail to yield to traffic.

31. Upon information and belief, Defendants stopped Mr. Castro because of his Latino race and ethnicity.

32. Upon information and belief, Defendants stopped Mr. Castro because they inferred that he was a not a U.S. citizen.

33. Immediately upon stopping him, Defendants informed Mr. Castro that he was not free to move.

34. After informing Mr. Castro that he was not free to move, Defendants initiated questioning.

35. Defendants did not question Mr. Castro regarding any failure to yield, nor did they mention any failure to yield to him in the course of the Terry stop.

36. Defendants questioned Mr. Castro about his identity and about whether he had immigration documents.

37. Upon information and belief, Defendants extended their questioning and detention of Mr. Castro because of his Latino race and ethnicity.

38. Upon information and belief, Defendants extended their questioning and detention of Mr. Castro because they inferred that he was not a U.S. citizen.

39. Defendants questioned Mr. Castro in English without Spanish interpretation.

40. Mr. Castro, a native Spanish-speaker with limited English proficiency, attempted to comply with Defendants’ questioning.

41. During the Terry stop, Defendants became aware of Mr. Castro’s very limited English language ability.

42. Defendants’ interrogated Mr. Castro in the English language, even after they were aware of Mr. Castro’s very limited English language ability.

43. Upon information and belief, Defendants did not attempt to obtain or provide interpretation during the Terry stop.

44. Although Georgia and relevant localities do not have a “stop and identify” statute, Defendants purport to have detained Mr. Castro due to identification purposes.

45. Mr. Castro identified himself upon Defendants’ request and did not withhold relevant identity information.

46. Mr. Castro provided Defendants with both his correct age and his correct date of birth.

47. Defendants forced Mr. Castro against their patrol car. As Defendant Walraven held Mr. Castro, Defendant Lignitz struck Mr. Castro in the face with his forearm or elbow.

48. Emergency Medical Technicians from MetroAtlanta Ambulance responded to the scene.

49. Mr. Castro suffered fractures to his left eye socket and to his nose as a result of Defendants’ assault on him.

50. Mr. Castro suffered damage to a portion of his inferior rectus muscle as a result of Defendants’ assault on him.

51. Mr. Castro suffered restrictive movement in the upward gaze of his left eye as a result of Defendants’ assault on him.

52. Mr. Castro suffered double vision as a result of Defendants’ assault on him.

53. Defendants arrested Mr. Castro and took him to the Cobb County Adult Detention Center.

54. Defendants arrested Mr. Castro without a warrant.

55. Upon information and belief, Defendants arrested Plaintiff because of his Latino race and ethnicity.

56. Upon information and belief, Defendants arrested Plaintiff because they inferred that he was a noncitizen.

57. Defendants obtained a warrant after Mr. Castro’s arrest.

58. The only criminal or traffic charges brought against Mr. Castro as a result of the March 26, 2010 Terry stop were two counts of misdemeanor grade obstruction or hindering of law enforcement officers pursuant to O.C.G.A. § 16-10-24(a).

59. Mr. Castro spent over four months incarcerated as a pre-trial detainee in the Cobb County Jail, awaiting an opportunity to demonstrate his innocence.

60. On April 8, 2010, after thirteen days enduring pain from Defendants March 26, 2010 assault on him, Mr. Castro underwent surgery at Northwest Oral and Maxillofacial Surgery to repair the blow-out fracture to the floor of his left orbital socket.

61. Mr. Castro’s injuries have caused lasting damage, pain, suffering and distress.

62. On August 10, 2010, the Cobb County State Court heard Mr. Castro’s motion to suppress evidence in the criminal case on the grounds that the Terry stop and his detention were unconstitutional. Both Defendants were lawfully subpoenaed to attend and provide testimony at the August 10, 2010 hearing. Neither Defendant complied with the lawful subpoena compelling their attendance and testimony at the August 10, 2010 suppression hearing.

63. On August 10, 2010, Chief Judge Toby Progers granted Mr. Castro’s motion to suppress evidence which was based on the unconstitutional Terry stop and detention.

64. All criminal charges against Mr. Castro were dismissed upon entry of an order of nolle prosequi dated August 10, 2010.

65. Mr. Castro faces immigration proceedings as a result of his improper March 26, 2010 arrest.



Further reading from the Southern Poverty Law Center case docket:

Angel Francisco Castro-Torres v. Jeremiah M. Lignitz and Brian J. Walraven
Popular Name: Cobb County
 
Georgia Latino Alliance for Human Rights, et al. v. Deal, et al.
Popular Name:  Georgia immigration law
 

Profile

azn_jack_fiend: (Default)
azn_jack_fiend

August 2011

S M T W T F S
 1 2 345 6
7 89 1011 12 13
14151617181920
21222324252627
28293031   

Most Popular Tags

Style Credit

Expand Cut Tags

No cut tags
Page generated Sep. 26th, 2017 07:52 pm
Powered by Dreamwidth Studios