Irving Police Officer Acquitted in Videotaped Beating of Non-Resisting Latino Man

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A 43-year-old illegal immigrant, who was beaten and pepper-sprayed by an Irving police officer during a traffic stop, filed a $1 million civil lawsuit Friday against the former officer. Jose Palomino said he is also seeking an apology from Dan Miller, 50, who was fired after the January 2005 incident. On Thursday, a Dallas County jury acquitted Miller of charges that he used excessive force. Officials said Miller has filed an appeal to get his job back. Miller, and his lawyer were unavailable for comment Friday. Palomino said Friday that his quest for justice outweighs his fear of deportation. He entered Texas from Guanajuato, Mexico, 23 years ago to search for work. Domingo Garcia, a representative for the League Of United Latin American Citizens and a former Dallas mayor pro tem, will represent Palomino, who alleges that he received an “unprovoked beating” by Miller in January that was recorded by a police dashboard camera. Garcia has also asked the FBI to look into the case for possible civil rights violations, he said “He didn’t give me a chance to defend myself, he just attacked me,” Palomino said in Spanish. “I am telling the truth. It is all on the tape.” The lawsuit alleges that Miller assaulted and committed “official oppression” against Palomino. It also alleges that the city was negligent by failing to properly train its officers in physical restraint or to teach them basic Spanish “as most police departments do” to communicate with non-English-speaking people.  On the video, Miller can be heard telling Palomino to “get down” on the ground several times while Palomino stares at him blankly. When Palomino squats down by the side of the road, the officer asks him to “get down all the way,” the video shows. It then shows, Miller spraying Palomino twice with pepper spray directly in the face. Miller then hits Palomino several times in the back and legs with a baton until he is handcuffed, the video shows. Palomino said, “I was being very careful and trying to avoid problems by keeping my hands in sight. I was panicking. I thought I was going to die.” [MORE] and [MORE]