Washington (AP) — On a winter day in 2016, a problem occurred at a security checkpoint at VA Hospital in El Paso, Texas.
A 70-year-old man who arrived for dental treatment was strangled and thrown to the ground by federal police in the following quarrel: I caught it with a camera..
The man, Jose Oliva, remained in need of shoulder surgery and also needed throat, eardrum, and hand treatment. He wore the gold watch he received when he retired from federal law enforcement 25 years later.
However, when Oliva, who identified herself as a Mexican-American, tried to sue the three police officers involved, the Federal Court of Appeals ruled that he was unlucky. He has asked the Supreme Court to revive his proceedings, and the judge can say what he intends to do as early as Monday.
The case raises the issue for judges to sue law enforcement officers for strangler figs and perhaps excessive force in their national calculations of police tactics and treatment of colored races.
“I wonder why this happened to me, who spent a year in the fighting zone and then the rest of my life in law enforcement when I was wandering alone. Why is this happening? “Let’s do it?” Oliva said in a telephone interview with The Associated Press.
Oliva, now 76, said she was still struggling to swallow and had a shoulder pain five years after the incident.
There is no sound associated with the image of the day, but Oliva seems to be waiting in line to pass the guard and never physically resists the police.
He said the problem began when a police officer asked him for identification. He showed that he had already put it in the bin that was about to be scanned.
Officers and Oliva are fighting exactly what they are told. However, at some point, Officer Mario Nivar approached Oliva with handcuffs. As soon as Oliva reached the metal detector, Nabil grabbed him, applied strangler figs, and wrestled Oliva to the ground. Oliva said she made a popping sound when she tightened her shoulders behind her back.
Oliva was charged with chaotic behavior, but the government later withdrew the charge.
Nivar was backed by two other officers, Mario Garcia and Hector Barahona. James Jopling, Nivar’s lawyer, refused to make the client available for interviews or answer questions on his own.
However, another male lawyer explained that Oliva was obsessed with refusing to respond to repeated requests for identification, saying police officers acted appropriately.
“At that point, he’s a potential threat. I don’t know what he is or what he has. His stubborn refusal is a concern for everyone. A 70-year-old man has a .45 pistol. Can be treated in the same way, 18 years old, “said Barahona’s lawyer, Ruy Lopez.
Garcia’s representative Gabriel Perez said the video lacked context, partly due to the lack of audio.
“He’s obviously a veteran, but he’s in a public place, a federal installation. There’s a sign indicating that you need to show your ID before you enter. He provides your ID. He refused, “perez said.
Judge Frank Montalvo of the US District Court pointed out that police did not claim that Oliva had resisted the arrest and decided that the proceedings could proceed.
“It’s important as an officer to tackle and suffocate suspects who aren’t willing to resist violating well-established laws,” Montalbo wrote.
Fifty years ago, the Supreme Court ruled that, in limited circumstances, federal officials could be sued for infringement of constitutional rights. Seven federal courts of appeal have determined that police officers may be sued for infringement during standard law enforcement activities.
However, the Fifth US Court of Appeals, including Texas, overturned Montalvo’s ruling. A committee of three judges handcuffed the suspect after the Federal Supreme Court entered the house without a warrant, and the Supreme Court ruled in 1971 that the right to sue was basically inspected. Judged to be limited to the same situation as.
Court of Appeals judge Don Willett was not on the committee of the three judges who decided Oliver’s case, but in another case of the District 5 Appeals Court, which dismissed the case for similar reasons. In agreement, Willett calls the attack on Oliver “not provoked,” and Oliver and others like him find themselves without legal means.
“Are all the doors of both state and federal courthouses closed?” He asked. Mr Willett said a previous decision of the Fifth Circuit Court of Appeals forced him to agree to dismiss the other proceedings.
In urging the Supreme Court to file a proceeding, Oliver’s lawyer at the Libertarian Court of Justice said that under the law of the Fifth Circuit Court of Appeals, which also includes Louisiana and Mississippi, federal authorities “similar to a zone without a constitution.” I’m working on something, “said Willett.
Oliver, who retired from the US Customs and Border Protection in 2010, said he appreciates police officers because he is one of them.
But he said his experience at the Department of Veterans Affairs Hospital five years ago “more and more reminds us of recent attacks on murdered people, George Floyd, Eric Garner, and more.” The job does not involve attacking people. “