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A person who was paralyzed in 2021 when a Florida police officer shot him within the again along with his service weapon as an alternative of a stun gun has filed a federal lawsuit alleging extreme power and negligence.
Michael Ortiz, 43, was paralyzed from the waist down after he known as 911 whereas experiencing a psychological well being disaster on July 3, 2021, in line with the lawsuit filed Tuesday in U.S. District Courtroom for the Southern District of Florida.
Fireplace division personnel arrived and located Ortiz bare after he had taken a bathe to attempt to relax, the go well with stated.
Ortiz “acted with erratic habits and spoke incoherent and complicated phrases in Spanish,” the lawsuit stated.
Three Hollywood cops additionally responded. They'd bodily management of Ortiz, the lawsuit stated. One used a stun gun no less than twice, and a second officer shot a handcuffed Ortiz within the again, the go well with stated.
Ortiz was not committing a criminal offense when he was shot with a stun gun after which a service weapon, the lawsuit stated.
Hollywood police in February 2022 stated that a overview had decided the officer who opened fireplace supposed to make use of his stun gun however shot his gun as an alternative.
“The division acknowledges that is an unlucky incident and is doing what it may to verify this doesn’t occur once more,” the police stated in an announcement on the time.
Ortiz's lawsuit states that as a result of he was bare and unarmed, he didn't fairly pose a menace.
“Michael Ortiz wanted a serving to hand, however what he acquired was a bullet within the again,” lawyer Ben Crump stated throughout a information convention Wednesday, in line with NBC Miami.
The lawsuit names as defendants the town of Hollywood, its police and fireplace departments, and officers Henry Andrews, Jhonny Jimenez and Diante Roots.
The go well with accuses Andrews of capturing Ortiz within the again and states that Roots used a stun gun on the person.
A spokesperson for Hollywood police on Thursday declined to touch upon the go well with or incident.
The spokesperson stated that Andrews is assigned to desk responsibility and Roots and Jimenez stay with the division.
A spokesperson with the town’s fireplace division additionally declined remark Thursday.
Not one of the officers named as defendants may very well be reached for remark Thursday afternoon.
The lawsuit additionally alleged poor coaching and failure to intervene.
“The Metropolis of Hollywood Defendants have did not correctly prepare officers to determine individuals who might suffer from a psychological well being disaster, and to correctly take actions to deescalate probably risky encounters with individuals within the public,” the go well with stated.
After the capturing, the police division stated in an announcement that Ortiz known as 911 reporting chest pains, made suicidal feedback and indicated he had taken narcotics.
Officers have stated that Ortiz emerged from a sixth-floor condo “bare, combative with the paramedics and visibly agitated." Police have stated that Ortiz informed them he deliberate to leap from a balcony.
Ortiz, who's in a wheelchair, Wednesday that his mom is his caretaker and he looks like an toddler due to his bodily state, in line with NBC Miami.
“My mother is caring for her son who's greater than 40 years previous, and she or he’s treating me like I’m 6 months previous, altering diapers,” he stated.
Madelyn Urabe and Tim Stelloh contributed.
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