A federal judge in Phoenix has ruled against granting qualified immunity to seven officers involved in the 2020 death of Ramon Timothy Lopez. The case stemmed from an encounter that led to Lopez passing away after being restrained on hot asphalt, hogtied, and then placed face-down in a police vehicle.
The incident raises questions about police procedures, accountability, and the rights of civilians. The family’s lawsuit will be allowed to proceed after the judge’s decision.
Ramon Timothy Lopez, 28, died in the summer of 2020 while in police custody, according to the civil rights lawsuit in federal court in Arizona. The case moved forward this week when U.S. District Court Judge Michael Liburdi ruled on the city of Phoenix’s request for summary judgment, granting in favor of Phoenix on claims for false arrest, failing to intervene, right to familial society and no finding of failure to train.
“A reasonable jury could conclude that the officer defendants were deliberately indifferent to a serious risk to Lopez’s safety while Mosley knelt against Lopez after he was RIPP restrained and when they decided to transport Lopez in the manner that they did,” wrote Liburdi, a Donald Trump appointee, in his order.
The lawsuit alleges false arrest and excessive force against seven Phoenix police officers. It alleges the city of Phoenix failed to train its officers regarding the proper use of force, including submission techniques that can cause positional asphyxia, particularly against individuals who are mentally disturbed and wrongful death.
Qualified immunity is a legal doctrine that shields government officials from civil liability in many instances. It applies unless the official violates a constitutional right that has been clearly established.
The doctrine provides that a police officer cannot be put on trial for unlawful conduct, including the use of excessive or deadly force, unless the person suing proves that:
- the evidence shows that the conduct was unlawful; and
- the officers should have known they were violating “clearly established” law, because a prior court case had already deemed similar police actions to be illegal.
Even if a person can demonstrate that the police officer acted unlawfully, the officer will not be liable unless both prongs have been satisfied. The second requirement provides an especially powerful shield for officers because courts often require a nearly identical case to use as “clearly established” precedent.
The incident leading to the lawsuit occurred in August 2020 when the officers responded to an emergency call warning about an individual behaving erratically.
The family of a man who died in Phoenix police custody a year ago has filed a federal lawsuit claiming false arrest, excessive force, and wrongful death.
On August 4, 2020, Ramon Timothy Lopez, 28, was acting erratically. Lawyers for his family say he had mental health issues.
Officers who encountered him said he jaywalked, stole a soda, and splashed it in an officer’s face. That officer chased Lopez and tackled him in the center of 51st Avenue, near Indian School Road.
Officers pinned down Lopez on the hot midday pavement. Lawyers say his skin was burned.
Lopez was handcuffed and put in leg restraints, in a facedown position described by some as hobbling or hogtying.
At one point, Lopez seemed to say, “You guys are killing me.”
After six minutes on the ground, officers carried Lopez to a police cruiser and shoved him inside facedown. Phoenix police policy tells officers not to do this. It’s well known in law enforcement that this kind of prone restraint can lead to difficulty breathing. There are documented cases of positional asphyxia and sudden death.
After a few minutes, officers notice Lopez was nonresponsive. They poured water on him, trying to revive him. He was pronounced dead at a nearby hospital.
Lopez was the father of two children and a truck driver. He had been diagnosed with paranoid schizophrenia. The medical examiner’s autopsy revealed methamphetamine was in his system.
A witness who captured 20 seconds of the incident on cell phone video told reporters she believed one of the officers was overly aggressive toward Ramon.
“[I] felt he was using a lot of force to slam his body into the ground,” the woman said. “The gentleman seems like he was still struggling, but at that point, it seemed like he just didn’t want his face smashed on the asphalt. It was super hot.”
The incident has raised questions about police training and the use of force. In this case, officers were trained against taking the type of action that these officers did on that day, which could have figured into the judge’s decision against qualified immunity.
