Suit against city, chief dismissed
Published: March 21, 2009
A federal judge has dismissed the city of Waynesboro and its police department as defendants in an excessive force lawsuit brought by an elderly black woman.
Ruby Gayle, 77, of Waynesboro, claims that Officer Eric Fernandez “pushed her down on her shoulder and jerked and twisted her arms behind her back to handcuff her” while arresting her Oct. 13, 2006, after a crash at the corner of Florence and Fontaine avenues.
Gayle’s lawsuit named the police department, police Chief Doug Davis, city Manager Mike Hamp — who took over that job last fall, roughly two years after the incident — and the City of Waynesboro.
In U.S. District Court in Harrisonburg, Judge Samuel G. Wilson recently dismissed those defendants because “government agencies are not liable for constitutional injuries caused by their employees” unless that employee acted on an explicit government policy.
Fernandez will continue on as the lone defendant.
The judge also indicated that “the facts Gayle has alleged state a plausible claim to relief,” but that her complaint may need to be corrected because it does not pertain to the Fourteenth Amendment, as alleged. Her attorney, Robert Dwoskin, said he may file a correction soon.
“We still have a case against Officer Fernandez, but for technical reasons, the city is out,” Dwoskin said
The lawsuit alleges:
Gayle refused to sign an accident citation, but agreed to go to the police department before Fernandez handcuffed her. The woman and her daughter yelled for Fernandez to stop to allow Gayle to walk to the police cruiser, but she was jerked again.
After chest and arm pain and shortness of breath, the woman used her asthma inhaler and was taken to Augusta Medical Center for treatment of bruises and “extensive injury to her right arm and shoulder, which has required extensive treatment and rehabilitation, which continues to this day.”
She filed a complaint with police in May 2007 and a jury trial is scheduled for August. The lawsuit, filed in U.S. District Court, describes the claim as exceeding $10,000, but is not more specific.
Exhibits filed in court include Gayle’s May 17, 2007, complaint filed with police, in which she wrote: “I was mentally and physically devastated by the actions of Waynesboro Police Officer Fernandez, and continue to suffer from the unwarranted physical assault I received as a result of not signing a citation.”
Waynesboro police declined to comment. City Attorney Todd Patrick confirmed officials and the city have been released as defendants.
Advertisement
Reader Reactions
I don’t know where the police officers get their “judgment skills” from. This was uncalled for and it is not necessary to treat everyone like they’re hardened, dangerous fugitives. Seventy-seven years old for heaven’s sake! I would not have felt this woman was a dangerous threat! He was completely out of line, and I agree, he should lose his job and go to jail. This was blatant, out of control abuse.
The hold described in this article can cause long term or even permanent damage to a young, physically fit person. To use such a hold on an elderly woman goes well beyond incompetence. If Officer Fernandez really did initiate such a hold on a 77 year-old woman, he doesn’t need to lose his job or his life savings, he needs to go to prison.
Advertisement