Army officer’s assault suit against police can proceed to trial

An Army lieutenant who was pepper-sprayed, struck and handcuffed during a traffic stop in Virginia can present his claims of false imprisonment and assault and battery to a jury, a federal judge has ruled.

But the summary judgment Tuesday said federal immunity laws shield the two officers involved from facing Caron Nazario’s claims that they violated the Black and Hispanic soldier’s constitutional protections against excessive force and unreasonable seizure, as well as his right to free speech by allegedly threatening him with arrest if he complained about their behavior.

U.S. District Judge Roderick C. Young also ruled that the officer who initially pulled Nazario over is liable for illegally searching for a gun in the soldier’s SUV in violation of the U.S. Constitution and Virginia law, leaving the question of damages on that point up to a jury. Nazario had a concealed carry permit.

The December 2020 traffic stop of the uniformed military officer in the small town of Windsor drew national attention and outrage after Nazario sued in April 2021, citing police body camera images and his cell phone video of the encounter. He was never charged with a crime.