By C1 Staff
FAYETTEVILLE, Ark. – A man convicted of shooting a police officer is claiming that a jail officer broke his shoulder using excessive force, but the judge presiding over the case is calling for it to be dismissed.
Sergio Andrade-Martinez claims that while being held in jail awaiting trial, a man identified only as Officer Fields grabbed him and threw him on the floor, forcing his arms behind his back while another officer put his foot on Martinez’s head, according to 5 News Online.
Andrade-Martinez claims a language barrier between him and the officers caused the confrontation, as he only speaks Spanish. He was pressing a call button in order to get the attention of detention officers, but was unable to communicate with the officer who responded to the call. After he pushed the button a second time, Fields allegedly threw him on the ground.
Andrade-Martinez says that his shoulder was fractured, but a jail nurse who examined him determined “there was nothing wrong and he was just pretending.” X-rays from a doctor at Washington Regional Medical Center later showed a dislocated shoulder.
Fields and Major Randall Denzer, another officer named in Andrade-Martinez’s lawsuit, sought summary judgment in the case.
Federal Magistrate Erin Setser said “no genuine issue of material fact exists as to whether Officer Fields responded reasonably,” and that the detention officer may be cleared by qualified immunity, “a defense available to government officials who can prove that their conduct did not violate clearly established statutory or constitutional rights…”
Andrade-Martinez and his attorney have 14 days to file a written objection to the magistrate’s findings. He was sentenced in December 2012 to 149 years in prison for shooting a police officer during a standoff.