A deaf man who communicates with sign language was brutalized by two Colorado officers because he could not understand their orders, according to a lawsuit in federal court.
Brady Mistic said he was knocked to the ground, beaten and shocked during an Idaho Springs arrest, then wrongfully jailed for four months as he tried to communicate to police that he couldn’t hear them .
The trial, filed earlier this month, said Mistic was accused of using a stop sign in 2019. He then went to a laundromat and walked over to the business, unaware that Officers Nicholas Hanning and Ellie Summers followed him.
“As Mr. Mistic got out of his car and walked past a dumpster between his vehicle and the police vehicle, towards the laundry room door, he was blinded by the lights of the police vehicle and / or a searchlight pointed by police, ”the costume said. “He had no idea what was going on, what the police were doing or if the police presence had anything to do with him.”
Mistic, who can’t read lips, used his hands to try to communicate with officers, to no avail, according to the lawsuit. Harring then grabbed the plaintiff by the shirt and threw him to the ground, smashing his head on the concrete without “warning or attempted communication,” according to the lawsuit.
“Defendant Hanning pinned Mr. Mistic to the ground on his back while Mr. Mistic stretched out his hands, palms turned towards Defendant Hanning in an attempt to show that he didn’t mean to do anything wrong and did nothing. to threaten the officer, “the document reads. . “In the field, the accused Summers joined us, grabbing Mr. Mistic. … Defendant Summers took out her Taser and knocked out Mr. Mistic.
Mistic is suing the officers and the city of Idaho Springs and the Clear Creek County Board of Commissioners, where he was imprisoned.
The department defended officers, saying Mistic had approached a “clearly marked patrol car” with hazard lights on.
“The officers gave verbal orders for Mr. Mistic to get back into his vehicle. It was later determined that Mr. Mistic was deaf, but this fact was not known to officers when they first met, ”officials said. written on Idaho Springs Police website.
“The officers then ordered Mr. Mistic to sit down. At one point, officers attempted to take control of Mr. Mistic by handcuffing him due to his unexplained actions, ”the statement continued. “Sir. Mistic resisted the agents and a physical altercation ensued.
Mistic was then examined by doctors, accused of assaulting police officers and resisting arrest, and taken to jail.
The lawsuit claims Hanning broke his leg or ankle attacking the deaf and has filed charges “in a delusional attempt to cover up their misconduct.”
Court officials ultimately dropped the charges after Mistic was behind bars for four months without an interpreter, according to the prosecution.
“The incident was reviewed by former chief Christian Malanka and the officers’ actions were deemed appropriate,” the department said, adding that his injuries were caused by “resistance actions”.
Mistic seeks pecuniary damages for “physical and emotional damage, pain and suffering, permanent scarring and economic damage”.