The News Herald (Willoughby, OH)

Man accuses police of violating his civil rights

- By Andrew Cass acass@news-herald.com @AndrewCass­NH on Twitter

A lawsuit against the city and two officers alleges that a resident’s civil rights were violated during an arrest.

Euclid is facing another lawsuit over alleged police misconduct.

Attorneys for Euclid resident Lamar Wright, 36, have filed a lawsuit against the city and two police officers — Kyle Flagg and Vashon Williams — arguing that Wright’s civil rights were violated during a Nov. 4, 2016, arrest.

According to the lawsuit, Wright was recovering from surgery. In October 2016, doctors performed a colostomy replacemen­t and when he was discharged from the hospital, he had a colostomy bag that was meant to stay attached to his lower abdomen for the next six months.

On Nov. 4, 2016, Wright was driving in Euclid and pulled over into a nearby driveway to safely use his cell phone to call his girlfriend.

Suddenly, the lawsuit states, two men appear at his car doors and try to yank them open. Wright saw a gun in the hand of at least one of the men and feared they were carjackers, but soon realized they were police.

Officers Flagg and Williams, stopped, searched and seized Wright without reasonable suspicion or probable cause, the lawsuit alleges.

During the course of the seizure, the lawsuit states Flagg grabbed and twisted Wright’s arm and discharged a Taser at Wright’s stomach area. At the same time, Williams discharged pepper spray into Wright’s eyes, nose and mouth. Wright was seated during what his attorneys called a “vicious and unprovoked attack.”

In a video of the incident, one of the officers can be heard saying that he thought Wright had a gun.

The lawsuit states that Flagg caused Wright “extreme pain” when he twisted his arm. Wright cried out several times that he was hurting his arm, but was ignored. It also states Wright was terrified that by twisting his body in the car seat, Flagg might severely damage his colostomy bag and surroundin­g tissue and organs.

“Wright was falsely and maliciousl­y charged with obstructin­g official business, resisting arrest and criminal trespass,” the lawsuit reads.

Wright also was issued traffic citations for driving under suspension, driving without headlights on and failing to use a turn signal.

Seven months after his arrest, all charges were dismissed against Wright.

Wright’s attorneys argue that he has sustained permanent and severe physical and psychologi­cal injuries as a result of the actions of Flagg and Williams.

At the time of the arrest, Wright suffered various bodily injuries, including bleeding around his colostomy bag and pain from pepper spray. The pepper spray residue also contaminat­ed his rental car and he had to pay a $1,000 cleaning fee to the rental company. He was placed on a “Do Not Rent” list by the company.

“As a direct and proximate result of said defendants’ conduct, either individual­ly any/or collective­ly, (Wright) suffered and continues to suffer lasting injuries, including (among other things) physical pain and harm, and serious and severe mental, emotional and psychologi­cal injuries and damages,” the lawsuit states.

“The injuries suffered by Wright were all preventabl­e, had defendants not engaged in constituti­onal conduct in violation of his fundamenta­l rights,” the suit continues. “Upon informatio­n and belief, the city of Euclid has failed to effectivel­y investigat­e or impose any discipline on defendant police officers for their illegal behavior.”

The lawsuit was filed by attorneys from Friedman and Gilbert, the law firm that in November filed a lawsuit on behalf of Luke Stewart’s family. Stewart was shot and killed by Euclid Police Officer Matthew Rhodes in March.

In another high profile case, charges were dismissed with prejudice (meaning they could be refiled at a later date) against Richard Hubbard III in mid-November. Hubbard was seen on video being punched several times by Euclid Police Officer Michael Amiott in August. Amiott was fired by Mayor Kirsten Holzheimer Gail in mid-October.

Hubbard’s attorney, Christophe­r McNeal, said they are still investigat­ing the facts related to a possible civil suit against the individual officers involved and the city of Euclid.

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