By C1 Staff
FAYETTEVILLE, Ark. — An inmate’s civil rights lawsuit alleging excessive force against a Washington County Jail CO has been tossed.
According to NWA Online, Sergio Andrade-Martinez, currently serving time for eight counts of capital murder, claimed that a language barrier caused an officer to use excessive force on him while he was asking to see a lawyer.
Martinez’s arm was dislocated and fractured in the confrontation.
Video shown to U.S. District Judge Timothy Brooks led him to the decision that Martinez caused the physical contact.
“It was the plaintiff’s resistance to being removed from the pod that precipitated what he describes as a ‘sudden physical attack,’” Brooks wrote in his opinion.
“By bracing himself to prevent his removal from the pod, he created the situation that required Officer [Chris] Fields to use force and cannot be surprised that his resistance was also met with force.”