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Indian grandfather injured by Madison police sues over excessive force | AL.com
Sureshbhai Patel was visiting from India, staying with his son, Chirag, his wife and child in their Madison home. After being in the States for almost a week, Sureshbhai was walking through the neighborhood, Friday, Feb. 6, 2015, when Madison Police Officers received a call about a "suspicious person" in the neighborhood. They found Sureshbhai, who couldn't speak English, injuring him after forcing him to the ground. Sureshbhai has been in the hospital since, and the Madison Police Department is investigating the force used by officers on the scene.
Sureshbhai Patel was visiting from India, staying with his son, Chirag, his wife and child in their Madison home. After being in the States for almost a week, Sureshbhai was walking through the neighborhood, Friday, Feb. 6, 2015, when Madison Police Officers received a call about a "suspicious person" in the neighborhood. They found Sureshbhai, who couldn't speak English, injuring him after forcing him to the ground. Sureshbhai has been in the hospital since, and the Madison Police Department is investigating the force used by officers on the scene.
The lawyer representing Sureshbhai Patel this morning sued the City of Madison and two individual police officers, arguing the violent stop of the small Indian grandfather violated federal protections against illegal search and seizure.
"Patel, a 57-year-old citizen of India visiting his son in Madison, Alabama, took a walk in his son's neighborhood, was violently assaulted by Madison Officer Doe without provocation, and left partially paralyzed," reads the suit filed today by attorney Hank Sherrod.
The two officers are identified as John Doe and Jim Smith, as Madison has not released the names of the officers involved. Both are sued in their individual capacity.Patel, a citizen of India and a permanent resident in the United States, was walking on Friday morning along Hardiman Place Lane, just outside his son's new home in Madison, when a patrol car pulled up. No crime had been committed and no charges would be filed, but the ensuring encounter left Patel hospitalized.
"Patel is a small man, weighing between 130 and 140 pounds, probably closer to 130, and is narrow of frame and mild of manner. He appeared to be nothing other than the grandfather from India he was," reads the lawsuit filed in U.S. District Court by civil rights attorney Hank Sherrod.
"The officers nevertheless came up to Patel and, despite the absence of any reason to believe Patel was armed or presented any kind of danger or threat, searched Patel for weapons," contends the lawsuit. "After the search, without provocation, (the younger officer) grabbed Patel's left arm, twisted it behind his back, and slammed Patel face first into the ground."
The suit also claims the encounter violated state protections against assault and excessive force. Madison police have placed the officer on administrative leave pending the outcome of their internal investigation.
Madison police on Monday released a statement saying that the patrol car had responded to a call about a suspicious man peering into garages. The lawsuit questions whether there was such a call."Whether there actually was a call or whether the caller actually accused Patel of looking into garages cannot be verified because to date the City refuses to release any recordings or reports that exist related to the incident," reads the suit.The lawsuit also contends there was nothing suspicious about Patel's appearance. "Patel dressed for the walk in plain pants, a button shirt, and a sweater and wore a knit cap on his head. Patel had nothing in his pants except for a green patterned handkerchief that was later used by officers to wipe blood from Patel's face."
The next line in the lawsuit simply states: "Patel has dark brown skin." The police statement said the two officers stopping Patel encountered a "communication barrier."
Sureshbhai Patel's son, Chirag Patel, came to the United States to study electrical engineering, married and became a U.S. Citizen. Chiriag Patel applied for and received permanent resident status for his father. His father had arrived about a week before the incident in order to help care for the couple's 17-month-old son.However, Sureshbhai Patel does not speak English. He speaks Gujarati.The suit says: "While still walking, Patel told the officers, not necessarily in this order, 'no English,' 'Indian,' 'walking,' and pointed down the street and said 'house number [actual number].'""The officers again ordered Patel to stop, and Patel stopped." Police then got out of the car."Patel continued to attempt to explain the situation to the officers."
The suit contends the stop at this point was without reasonable suspicion or probable cause and was therefore itself a violation of the Fourth and Fourteenth Amendments to the U.S. Constitution.The statement from Madison police on Monday said: "The subject began putting his hands in his pockets. Officers attempted to pat the subject down and he attempted to pull away. The subject was forced to the ground, which resulted in injury."
"Was the call or the false accusation against Patel fabricated by the Madison Police Department to deflect criticism for paralyzing an innocent man?" The suit says: "Patel's face was bloodied, but, much worse, there was significant trauma to Patel's cervical spine, and he immediately became paralyzed in his arms and legs."
The officer who forced Patel to the ground, contends the lawsuit, violated rights protected by the Fourth and Fourteenth Amendments. "Specifically, he violated plaintiff's right to be free from excessive force," reads the suit.
Patel was taken by ambulance to Madison Hospital. The hospital called his son at work. Patel was transferred to Huntsville Hospital for cervical fusion surgery. Chirag Patel said as of Tuesday his father could move his arms again, but lacked grip in his hands. He could move one leg, but the other remained paralyzed."Patel has begun physical therapy, is making progress, and hopes to make a full recovery, though the rehabilitation process is expected to be lengthy and difficult, and it is not known whether Patel will make a full recovery," reads the suit.
Sherrod, attorney for Patel, repeatedly questioned the official version of events.
"Patel, a 57-year-old citizen of India visiting his son in Madison, Alabama, took a walk in his son's neighborhood, was violently assaulted by Madison Officer Doe without provocation, and left partially paralyzed," reads the suit filed today by attorney Hank Sherrod.
The two officers are identified as John Doe and Jim Smith, as Madison has not released the names of the officers involved. Both are sued in their individual capacity.Patel, a citizen of India and a permanent resident in the United States, was walking on Friday morning along Hardiman Place Lane, just outside his son's new home in Madison, when a patrol car pulled up. No crime had been committed and no charges would be filed, but the ensuring encounter left Patel hospitalized.
"Patel is a small man, weighing between 130 and 140 pounds, probably closer to 130, and is narrow of frame and mild of manner. He appeared to be nothing other than the grandfather from India he was," reads the lawsuit filed in U.S. District Court by civil rights attorney Hank Sherrod.
"The officers nevertheless came up to Patel and, despite the absence of any reason to believe Patel was armed or presented any kind of danger or threat, searched Patel for weapons," contends the lawsuit. "After the search, without provocation, (the younger officer) grabbed Patel's left arm, twisted it behind his back, and slammed Patel face first into the ground."
The suit also claims the encounter violated state protections against assault and excessive force. Madison police have placed the officer on administrative leave pending the outcome of their internal investigation.
Madison police on Monday released a statement saying that the patrol car had responded to a call about a suspicious man peering into garages. The lawsuit questions whether there was such a call."Whether there actually was a call or whether the caller actually accused Patel of looking into garages cannot be verified because to date the City refuses to release any recordings or reports that exist related to the incident," reads the suit.The lawsuit also contends there was nothing suspicious about Patel's appearance. "Patel dressed for the walk in plain pants, a button shirt, and a sweater and wore a knit cap on his head. Patel had nothing in his pants except for a green patterned handkerchief that was later used by officers to wipe blood from Patel's face."
The next line in the lawsuit simply states: "Patel has dark brown skin." The police statement said the two officers stopping Patel encountered a "communication barrier."
Sureshbhai Patel's son, Chirag Patel, came to the United States to study electrical engineering, married and became a U.S. Citizen. Chiriag Patel applied for and received permanent resident status for his father. His father had arrived about a week before the incident in order to help care for the couple's 17-month-old son.However, Sureshbhai Patel does not speak English. He speaks Gujarati.The suit says: "While still walking, Patel told the officers, not necessarily in this order, 'no English,' 'Indian,' 'walking,' and pointed down the street and said 'house number [actual number].'""The officers again ordered Patel to stop, and Patel stopped." Police then got out of the car."Patel continued to attempt to explain the situation to the officers."
The suit contends the stop at this point was without reasonable suspicion or probable cause and was therefore itself a violation of the Fourth and Fourteenth Amendments to the U.S. Constitution.The statement from Madison police on Monday said: "The subject began putting his hands in his pockets. Officers attempted to pat the subject down and he attempted to pull away. The subject was forced to the ground, which resulted in injury."
"Was the call or the false accusation against Patel fabricated by the Madison Police Department to deflect criticism for paralyzing an innocent man?" The suit says: "Patel's face was bloodied, but, much worse, there was significant trauma to Patel's cervical spine, and he immediately became paralyzed in his arms and legs."
The officer who forced Patel to the ground, contends the lawsuit, violated rights protected by the Fourth and Fourteenth Amendments. "Specifically, he violated plaintiff's right to be free from excessive force," reads the suit.
Patel was taken by ambulance to Madison Hospital. The hospital called his son at work. Patel was transferred to Huntsville Hospital for cervical fusion surgery. Chirag Patel said as of Tuesday his father could move his arms again, but lacked grip in his hands. He could move one leg, but the other remained paralyzed."Patel has begun physical therapy, is making progress, and hopes to make a full recovery, though the rehabilitation process is expected to be lengthy and difficult, and it is not known whether Patel will make a full recovery," reads the suit.
Sherrod, attorney for Patel, repeatedly questioned the official version of events.
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