Paralyzed motorist files police brutality lawsuit

A motorist who is now paralyzed from the neck down has filed a police brutality lawsuit against a police officer and a former police officer who allegedly used excessive force in arresting him after his car crashed on the fence of Oleai Elementary School.

Alejandro L. Norita sued the CNMI government, Police Officer Jerome Reyes, former police officer Regino Celis, and 10 unnamed co-defendants who were allegedly also involved in the arrest, for assault and battery, emotional distress, violation of civil rights, negligence, unjust enrichment, and unlawful conversion.

Norita, through counsel David G. Banes, asked the U.S. District Court for the NMI to order the defendants to pay him at least $100,000 in damages.

Saipan Tribune yesterday tried but failed to contact Reyes and Celis for comments.

Norita requested the court to issue an injunction directing the CNMI government to implement procedures to prevent the use of excessive force, and assault of arrested persons in the future.

The plaintiff demanded the return of his car or payment of its value and loss of use, plus payment of court costs and attorney’s fees.

According to Banes in the complaint, on June 1, 2010 between 8pm to 9pm, Norita was driving a 1993 Toyota Corolla by the Northern Marianas College in As Terlaje, when a police car suddenly pursued him.

Banes said Norita did not want to stop at that location because it was dark there.

The plaintiff allegedly wanted to stop at his residence in San Jose so he continually signaled the police officer to follow him at his residence by pointing forward.

When Norita was almost near his residence, he did not notice a car coming directly in front of him.

To avoid collision with that car, he turned his car to the left, slipped, and suddenly crashed on the fence of the Oleai Elementary School.

As a result of the crash, Banes said, Norita had lacerations on the forehead and abrasions under the eye and nose.

The car Norita was driving suffered moderate damage.

Reyes and Celis, who was still then a police officer, approached Norita’s vehicle with Reyes having his handgun drawn.

Reyes and Celis saw Norita leaning on the passenger seat of the vehicle face down.

Despite Norita’s injuries from the crash, Banes said, Reyes and Celis were very angry at Norita and that one of them shouted at him, “now you are going to die.”

Instead of trained medics, the lawyer said, Reyes and Celis forcefully extracted and dragged Norita from his car.

“One of the officers threw him to the ground and with great force, put a knee on his back as he was being handcuffed.

The officer then kept the knee pressed into his back. After he was handcuffed, the officer lifted Norita and made him sit on the ground and lean on the officer’s leg,” Banes said.

Reyes and Celis then arrested Norita for reckless driving and eluding a police officer. Norita was transported to the Commonwealth Health Center where he was treated.

Banes said Norita’s lower extremities were numb and were not responding.

Banes alleged that Reyes and Celis did not know the extent of Norita’s injuries as a result of the crash, however, they forcefully extracted him from the car, instead of trained medics.

As a proximate of the officers’ actions, Banes said, Norita suffered injuries to his spine and is now paralyzed from the neck down, and he is now bedridden and unable to walk or stand up.

“He was also in a state of shock and was very nervous and frightened as a result of the police brutality,” Banes said.

Norita lodged a complaint at the Department of Public Safety for his mistreatment and injuries.

Banes said DPS conducted an investigation but no update has been released regarding the results of the investigation.

Banes said Norita requested that DPS return the car to him, but despite repeated demands, “DPS has neglected, failed, and refused to return the car to him.”

The lawyer said Norita has not been charged with any offense in connection with the incident.

“Reyes and Celis committed grave misconduct and abuse of authority when they violently extracted Norita from his car and arrested him but were not charged by the CNMI,” Banes said.