The man punched repeatedly by an Auburn police officer filed a claim for damages against the city and its police department on Thursday.
Mauro Alberto Felix Valles, 33, claimed that Officer Andrew Bryant used unnecessary and excessive force" on Oct. 28, according to the claim filed by his attorney. Videos of Bryant punching Valles in the face more than 20 times circulated widely online and in the news, sparking outrage. In body-camera footage released by the Auburn Police Department two weeks ago, Bryant is seen straddling Valles in the middle of a busy road and hitting him repeatedly while Valles raises his hands in defense.
"This is a guy who really was asking for help," said Evan Oshan, Valles' attorney. "And he was tased, and then the beating he took was so inhumane."
Last week, the Auburn city attorney dismissed pending charges against Valles. The department had arrested him on investigation of disorderly conduct, resisting arrest, third-degree attempted assault, obstruction and possession of a controlled substance. Bryant's body camera appeared to fall off during the encounter, and when it was picked back up, several responding officers were on top of Valles in the roadway. Bryant's hands were bloodied.
Oshan said he would like to see Bryant fired.
Renton police are conducting an independent investigation of Bryant's conduct. On Wednesday, department spokesperson Meeghan Black said they expect to send the investigation to King County prosecutors next week, without a recommendation. The prosecutors will then decide whether to file criminal charges.
Auburn police spokesperson Kolby Crossley said Bryant remains on leave, and that the department's internal investigation will begin "as soon as Renton's criminal investigation concludes."
The tort claim says that Valles, who does not understand English, allegedly suffered a concussion, bruises to the face and a Taser dart wound to the abdomen. The claim seeks damages for medical expenses, pain and suffering, and emotional distress.
The footage shows Bryant approach Valles, who was blocking traffic by being in the roadway, and tell him to get on the ground or he would be shot with a Taser. Bryant then shoots the Taser and stuns Valles, who screams and falls to the ground.
Bryant goes on to punch Valles over and over again. At one point Bryant tells him “Stop grabbing my gear.” He later told a medic he thought Valles might have "grabbed his gun.
In a statement, the department said Valles did not comply with commands and the Taser deployed successfully. Tasers typically cause people to lose motor control for five seconds.
The department’s policies state that officers must only use force that is “objectively reasonable,” and that other officers have a duty to intervene to prevent use of unreasonable force.
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