Lawsuit Filed in Omaha Incident in Which Cops Were Charged
A lawsuit was filed in the Omaha incident so brazen that it not only got four officers fired, but led to felony criminal charges against two officers for confiscating a cell phone from a citizen recording them before disposing of its memory card.
The incident would have never come to light had it not been for another citizen video recording from an upstairs bedroom window, showing cops beating a man over a parked car before chasing another man into a house for video recording the arrest.
The six-minute video shows the man with the camera recording from the sidewalk while the cops beat the other man in the street. Eventually several more cops come pulling up, which is when they all chase him into the house, where they destroyed the evidence.
The family is being represented by the ACLU, who posted the following press release Monday:
Members of an Omaha family filed a lawsuit in federal court today alleging that excessive force and a warrantless search and seizure were used in response to a parking incident in March 2013. The Johnson family has never received compensation for the damages to their property or their medical expenses resulting from the incident. All charges against the Johnsons were dropped. An internal investigation resulted in the termination of four officers and criminal charges being brought against two of the officers for either tampering with evidence or being an accessory.
The lawsuit was filed by the ACLU of Nebraska and Diana Vogt of Sherrets, Bruno & Vogt on behalf of five members of the Johnson family. It names Todd Schmaderer, Chief of Police, eight named officers, and 24 unnamed officers.
A neighbor captured video of the incident across the street from the Johnsons. His recording was posted on YouTube and circulated through several national media outlets. Throughout spring 2013, multiple rallies and demonstrations were held in support of the Johnsons, calling for reforms to OPD practices.
On Mar. 21, 2013, two officers responded to a request from a tow-truck driver who was removing unregistered vehicles. The lawsuit alleges that when Octavius Johnson walked up to try to determine what was happening to the family’s cars, Octavius was placed in a chokehold, thrown to the ground and beaten. In the video, it appears as if the officer who struck Octavius looks around to ensure he is alone and then begins to hit Octavius. Brothers Juaquez and Demetrius Johnson filmed the incident from either the sidewalk or the front porch of their home at 33rd and Seward.
Over twenty additional officers, including a command officer, arrived on the scene. Officers chased Juaquez into his home and conducted a search without a warrant. Inside the home, Sharon Johnson, aunt to the Johnson brothers, was thrown from her wheelchair while Juaquez was thrown to the floor and repeatedly struck. Officers did not help Sharon back into her wheelchair and instead placed her in handcuffs. The phone and video cameras used by Juaquez and Demetrius were confiscated and have never been returned. Criminal charges were filed against the officers involved in the conspiracy to destroy or hide the material. Sharon was taken to the hospital and the Johnson’s two dogs were taken into custody at the Johnson’s expense.
“Despite the fact that no crime, drugs, or weapons were involved, more than twenty officers arrived at the Johnson’s home, invaded their privacy, confiscated their property and unnecessarily injured four members of the family,” said cooperating attorney Diana Vogt. “You do not lose your right to be treated with respect by law enforcement simply because of where you live in Omaha or the color of your skin.”
“Pulling over twenty officers away from other parts of the city should sound an alarm for taxpayers,” said ACLU of Nebraska Legal Director Amy Miller. “Omaha Police have already been warned by the ACLU about their failure to respect the rights of those filming law enforcement. This incident further reinforces that independent oversight is needed to help evaluate training practices and provide for responses when officers depart from their training and standards.”