The mother of a Utah man left “irreparably damaged” when he was hit and dragged by a car last December filed a lawsuit Tuesday against West Valley City police, alleging an officer shocked her son with a Taser, then told him to lie on a dark street before impact.
The complaint argues that officers needlessly endangered Atonio Sivatia and states that it will cost more than $20 million to pay for the 24/7 care he will need for the rest of his life following the ordeal.
In a text message Tuesday, West Valley City police spokesperson Roxanne Vainuku stated: “We are aware of a lawsuit filed in this case and will begin the process of reviewing it.”
Sivatia, now 22, was struck shortly after someone called police early Dec. 6, 2020, to report a man yelling and pounding on walls of an apartment complex near 4000 South and Redwood Road, the complaint states. West Valley City officer Ammon Fox arrived to find Sivatia, who had broken out a window at the complex. A witness later told police Sivatia had tried to take his car.
When Sivatia saw Fox, Sivatia ran toward Redwood Road — a major, seven-lane thoroughfare — and Fox chased after him, firing his Taser. The prongs hit Sivatia from behind as he was crossing the road, the complaint states. He fell on his back.
According to a police report, officers thought Sivatia was suicidal and was trying to get hit by cars.
After Sivatia fell down, he told Fox, “I’m sorry,” the complaint states. Fox then told Sivatia to stay in the road, the complaint alleges.
“Fox could have easily, at any time, directed Atonio to move onto the shoulder of the road,” the complaint argues. “Fox was aware of the grave danger because he could see multiple vehicles coming toward the point where Atonio lay, some of them barely missing Atonio.”
Another officer, James Williams, arrived shortly after and parked south of Sivatia, but the complaint alleges that officers didn’t position their cars to block traffic from hitting Sivatia.
The two officers conferred with each other about arresting Sivatia. As Williams walked toward Sivatia, a white sedan headed south “at a high rate of speed” drove by, trapping Sivatia underneath the car and dragging him about 15 feet before getting stuck on Sivatia’s body, the complaint states. The car also hit Fox. Police reports state the officer was “bruised but otherwise uninjured.”
The driver told police she was a nurse and tried CPR on Sivatia before medics arrived. She told police she’d been drinking and had blood drawn for BAC testing. She wasn’t cited that night but was charged months later with a third-degree felony count of DUI. Charging documents state her BAC was 0.14, nearly three times the legal limit in Utah.
Sivatia survived but suffered a traumatic brain injury and can no longer walk, talk, hear, move his arms or body, or work, leaving him unable to care for himself, the complaint states.
“Any reasonable Officer,” the complaint argues, “would have known with certainty that compelling a suspect, like Atonio, to lie on his back in a lane of highspeed traffic on Redwood Road at midnight would subject that suspect to a very high risk of catastrophic injury from being struck by a motorist who would not expect to encounter a person lying on the road at that time of night.”
The complaint alleges that West Valley City Police Department policy bars officers from using a Taser on someone if they could be hurt after they are stunned and immobilized. It notes that West Valley City officers are trained not to use a Taser for minor offenses and are taught to use their patrol cars to prevent traffic from hitting someone who may be in a roadway.
The complaint accuses Fox of federal excessive force violations for chasing Sivatia “recklessly, deliberately, and needlessly ... onto a busy, dark highway,” then using a Taser on him.
It also alleges that Fox and Williams infringed on Sivatia’s “basic rights” as a Utah citizen, including his rights against illegal search and seizure, excessive force and denial of due process.
West Valley City and its police department also are accused of having deficient policies, procedures and/or protocols and failing to train and/or supervise its officers.
“Had there been proper training,” the complaint alleges, “Atonio never would have been Tased on a busy roadway, and Williams or some other Officer would have blocked the southbound number 1 lane of traffic where Atonio was laying.”
The complaint seeks an unspecified amount of money for various damages, as well as legal fees.
“These consequences and damages will continue for the rest of Atonio’s life,” the complaint argues. “This includes life-long medical care, more surgeries, life-long assisted living care, and life-long loss of meaningful relationships with family and friends.”
West Valley City police had not filed a formal response to the lawsuit as of Tuesday afternoon.
In her text message statement, Vainuku said Tuesday that the case referenced in the lawsuit is under investigation by “Protocol Team 1,” which is led by the Salt Lake City Police Department.
“In addition, this case, as is standard for all uses of force in our department, will undergo an internal review,” Vainuku continued. “We don’t draw any conclusion about the case until all the facts are known and the investigation is complete.”
from The Salt Lake Tribune https://ift.tt/3FDzEwe
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