Excessive force lawsuit partially tossed out - KCBD NewsChannel 11 Lubbock

Excessive force lawsuit against Brownfield partially tossed out

LUBBOCK, TX (KCBD) -

A civil rights lawsuit against Brownfield Police was partially dismissed on Wednesday.  Zackary Cruz sued the police department and officers Joshua Coronado and Matthew Valdonado. 

Cruz claims that in August of 2011 he was pulled over by police who suspected him of a misdemeanor crime.  He claims the officers beat him and kicked him for no justifiable reason. 

But the City of Brownfield claims Cruz had committed domestic violence and his injuries were in part because he walked into a fence in the dark - not because officers beat him up.  The City of Brownfield even went so far as to claim Cruz' lawsuit was fraudulent. 

U.S. District Judge Sam Cumming dismissed the City of Brownfield saying Cruz failed to prove the city has an unconstitutional policy of excessive force. 

But the officers, Coronado and Valdonado, are still being sued in their individual capacities.  The judge's ruling says that if Cruz' claims are proven true then the officers cannot have special legal immunities.  The case remains pending in Lubbock federal court.

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