From [HERE] and [HERE] A black man, Emirius Spencer says in a lawsuit that he was kicked in the face, kneed in the groin and seriously hurt by a white suburban Cleveland police during an arrest for possession of marijuana.The same officer recently was fired for using excessive force on a black man in another case.
Spencer filed the suit Friday against the city of Euclid, former Euclid police officer Michael Amiott, current officer Shane Rivera and the owners of the apartment complex where he lived.
Amiott was fired in October from Euclid after dashboard camera video showed him repeatedly punching a different black man during a traffic stop.
A message seeking comment was left Monday for Euclid police. No phone listing could be found for Amiott or Rivera.
Spencer's lawsuit said Amiott and Rivera were moonlighting as security guards at his apartment building last December when they confronted him in a hallway, asking him if he had any warrants and whether he was armed.
Although there was no probable cause to arrest, detain or search Spencer and no crime had been reported, Amiott reached into Spencer's pocket and found less than a gram of marijuana.
According to the lawsuit: "Amiott immediately grabbed Spencer arm and began twisting it. Officer Amiott's response was sudden and unnecessarily aggressive. Spencer was pushed against the hallway wall and grabbed by both Officers Amiott and [Shane] Rivera. Spencer tried to be calm and asked the Officers why they were doing this, but he was ignored. Rather, Officer Amiott was shouting at Spencer to 'Stop Resisting!' despite the fact that Spencer was being compliant. Amiott then kneed Spencer in the groin and forcefully pushed Spencer to the ground."
Amiott then kneed him in the groin and shoved him to the floor while Rivera jumped on his back and restrained his arms and legs, according to Spencer's suit.
The lawsuit says Amiott kicked Spencer in the face when he called out for help and that both officers shocked him with stun guns before placing him in handcuffs. Amiott's partner, Shane Rivera, is also a named defendant.
"Spencer was eventually taken to Euclid Hospital. The medical staff at Euclid Hospital recommended Spencer be transferred to MetroHealth Hospital because MetroHealth has trauma unit and Spencer injuries were sufficiently severe," according to the lawsuit. "Later, Amiott and Rivera attempted to justify their use of force by alleging Spencer was violently uncontrollable Spencer, and 155 lbs., has no criminal felony record nor does he have any history of violence. Amiott, and 218 lbs., has history of misconduct, dishonesty and using excessive force."
Spencer was treated for a broken bone in his face.
He later was charged in Euclid Municipal Court with theft, resisting arrest, criminal damaging and drug abuse. Euclid eventually hired a special prosecutor, who dropped the first three charges in September. Spencer paid a fine for the drug charge.
In October, Amiott was fired by Euclid after being suspended for punching a black man during an August traffic stop. The city's mayor said she received other complaints about Amiott during the suspension. He was fired from his previous police job in Mentor for lying.
Euclid and its police department face additional lawsuits over allegations of excessive force.
Last week, 36-year-old Lamar Wright sued the city and two officers in federal court saying officers shocked him with a stun gun and doused his face with pepper spray and accused him of resisting arrest after he had pulled into a driveway to use his cellphone last year. Prosecutors dropped the charges against Wright, a black man.
The family of 23-year-old Luke Stewart, an unarmed black man who was fatally shot by Euclid police officer Matthew Rhodes in March, filed a federal civil rights lawsuit against Rhodes and the city in October.
Reports said Rhodes encountered Stewart, who was asleep at the wheel of his car, and then tried to push him out when Stewart started the vehicle and began to drive away. The officer said he struggled with Stewart and then shot him because he feared the car would crash.