Lawsuits – Michmutters

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Soldier’s assault suit against officers can proceed to trial

Soldier's assault suit against officers can proceed to trial

NORFOLK, Va. — A US Army lieutenant who was pepper-sprayed, struck and handcuffed during a traffic stop in Virginia can present his claims of false imprisonment and assault and battery to a jury, a federal judge has ruled.

But the summary judgment Tuesday said federal immunity shield laws the two officers involved from facing Caron Nazario’s claims that they violated the Black and Hispanic soldier’s constitutional protections against excessive force and unreasonable seizure, as well as his right to free speech by allegedly threatening him with arrest if I have complained about their behavior.

US District Judge Roderick C. Young also ruled that the officer who initially pulled Nazario over is liable for illegally searching for a gun in the soldier’s SUV in violation of the US Constitution and Virginia law, leaving the question of damages on that point up to a jury. Nazario had a concealed carry permit.

The December 2020 traffic stop of the uniformed military officer in the small town of Windsor drew national attention and outrage after Nazario sued in April 2021, citing police body camera images and his cellphone video of the encounter. He was never charged with a crime.

Nazario had been driving home in the dark from his duty station when Officer Daniel Crocker radioed that he was attempting to stop a vehicle with no rear license plate and tinted windows, the lawsuit says. Body camera video later showed that a temporary tag was taped to the inside of the rear window.

“It appeared to Lt. Nazario that there was no good location in the immediate vicinity to stop safely. So, for the benefit of the officer’s safety and his own, Lt. Nazario continued slowly down US 460,” the lawsuit says. Nazario drove below the posted speed limit for less than a mile until he reached the well-lit parking lot of a BP gas station, it says.

Crocker said the driver was “eluding police” and he considered it a “high-risk traffic stop,” according to a report cited in the lawsuit. Another officer, Joe Gutierrez, was driving by and joined him.

The lawsuit says both officers escalated the situation by immediately pointing their guns at Nazario and trying to pull him out of the vehicle while he kept his hands in the air. Gutierrez pepper-sprayed Nazario multiple times as the officers yelled for him to get out.

At one point, Nazario said he was afraid to get out, to which Gutierrez replied: “You should be.”

When Nazario did get out and ask for a supervisor, Gutierrez responded with “knee-strikes” to his legs, knocking him to the ground, where the two officers struck him multiple times and then handcuffed and interrogated him, the lawsuit says.

Officer Gutierrez was later fired for failing to follow department policy during the stop. A special prosecutor concluded late last month that Gutierrez should not be criminally charged under Virginia law, but should be investigated by the US Justice Department for potential civil rights violations.

The federal judge ruled Tuesday that the officers had likely caused Nazario to pull over for an improperly displayed license plate, and to charge him with eluding police as well as obstruction of justice and failure to obey when he refused to exit the vehicle.

The judge also wrote that Nazario’s claims under the US Constitution of unlawful seizure and excessive force present questions about the officers’ conduct that could be put before a jury. But Young threw out the allegations under the federal doctrine of qualified immunity, which balances accountability with the need to shield officials who reasonably perform their jobs.

For example, the judge wrote that there is not a “clearly established right prohibiting the aiming of firearms, the use of threats or the use of OC spray against a suspect who has repeatedly refused to comply with lawful commands to exit a vehicle.”

The allegation that Nazario’s free speech was violated was also tossed under the federal immunity doctrine.

However, Young said Nazario’s claims under state law, false imprisonment and assault and battery, can move forward. The judge wrote that Virginia law “only provides local officials immunity from suits alleging negligence.”

Explaining his summary judgment on Crocker’s search for the gun, Young wrote that “the firearm was not relevant evidence for the crimes of eluding or obstruction of justice.” However, he said Nazario’s claims that Gutierrez knew about the search and failed to intervene could proceed Gutierrez has argued that he knew nothing about the search.

Jessica Ann Swauger, an attorney listed for Gutierrez, did not immediately respond to an email seeking comment.

Jonathan Arthur, one of the attorneys representing Nazario, said the judge’s ruling is a victory even though three of the federal claims were tossed.

“Whether it’s under federal law or whether it’s under state law, the jury is going to speak,” Arthur said. “And we hope that the jury is going to stand up and say that this behavior will not be tolerated.”

Anne C. Lahren, an attorney for Crocker, said the remaining questions are “classic” issues for a jury, rarely decided at this stage in a civil suit. She also noted that the judge found the stop itself and the officers’ ensuing commands to be lawful.

“Lt. Nazario’s own actions gave rise to the unfortunate, but lawful, escalation of force …,” Lahren wrote. “Had Lt. Nazario simply followed the lawful commands of the officers from the outset of the traffic stop, none of this would have been necessary.”

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Alex Jones ordered to pay Sandy Hook parents more than $4M

Alex Jones ordered to pay Sandy Hook parents more than $4M

AUSTIN, Texas (AP) — A Texas jury Thursday ordered conspiracy theorist Alex Jones to pay more than $4 million — significantly less than the $150 million being sought — in compensatory damages to the parents of a 6-year-old boy killed in the Sandy Hook massacre, marking the first time the Infowars host has been held financially liable for repeatedly claiming the deadliest school shooting in US history was a hoax.

The Austin jury must still decide how much the Infowars host should pay in punitive damages to Neil Heslin and Scarlett Lewiswhose son Jesse Lewis was among the 20 children and six educators who were killed in the 2012 attack in Newtown, Connecticut.

The parents had sought at least $150 million in compensation for defamation and intentional infliction of emotional distress. Jones’ attorney asked the jury to limit damages to $8 — one dollar for each of the compensation charges they considered — and Jones himself said any award over $2 million “would sink us.”

It likely won’t be the last judgment against Jones — who was not in the courtroom — over his claims that the attack was staged in the interests of increasing gun controls. A Connecticut judge has ruled against him in a similar lawsuit brought by other victims’ families and an FBI agent who worked on the case. He also faces another trial in Austin.

Jones’ lead attorney, Andino Reynal, winked at his co-counsel before leaving the courtroom. He declined to comment on the verdict.

Outside the courthouse, the plaintiffs’ attorney Mark Bankston insisted that the $4.11 million amount wasn’t a disappointment, noting it was only part of the damages Jones will have to pay.

The jury returns Friday to hear more evidence about Jones and his company’s finances.

In a video posted on his website Thursday night, Jones called the reduced award a major victory.

“I admitted I was wrong. I admitted it was a mistake. I admitted that I followed disinformation but not on purpose. I apologized to the families. And the jury understood that. What I did to those families was wrong. But I didn’t do it on purpose,” he said.

The award was “more money than my company and I personally have, but we are going to work on trying to make restitution on that,” Jones said.

Bankston suggested any victory declarations might be premature.

“We aren’t done folks,” Bankston said. “We knew coming into this case it was necessary to shoot for the moon to get the jury to understand we were serious and passionate. After tomorrow, he’s going to owe a lot more.”

The total amount awarded in this case could set a marker for the other lawsuits against Jones and underlines the financial threat he’s facing. It also raises new questions about the ability of Infowars — which has been banned from YouTube, Spotify and Twitter for hate speech — to continue operating, although the company’s finances remain unclear.

Jones, who has portrayed the lawsuit as an attack on his First Amendment rightsgranted during the trial that the attack was “100% real” and that he was wrong to have lied about it. But Heslin and Lewis told jurors that an apology wouldn’t suffice and called on them to make Jones pay for the years of suffering he has put them and other Sandy Hook families through.

The parents testified Tuesday about how they’ve endured a decade of trauma, first inflicted by the murder of their son and what followed: gun shots fired at a home, online and phone threats, and harassment on the street by strangers. They said the threats and harassment were all fueled by Jones and his conspiracy theory spread to his followers via his website Infowars.

A forensic psychiatrist testified that the parents suffer from “complex post-traumatic stress disorder” inflicted by ongoing trauma, similar to what might be experienced by a soldier at war or a child abuse victim.

At one point in her testimony, Lewis looked directly at Jones, who was sitting barely 10 feet away.

“It seems so incredible to me that we have to do this — that we have to implore you, to punish you — to get you to stop lying,” Lewis told Jones.

Barry Covert, a Buffalo, New York, First Amendment lawyer who is not involved in the Jones case, said the $4 million in compensatory damages was lower than he would have expected given the evidence and testimony.

“But I don’t think Jones can take this as a victory,” he added. “The fact is, $4 million is significant even if we might have thought it would be a little higher.”

Jurors often decline to award any punitive damages after deciding on a compensation figure. But when they choose to, the punitive amount is often higher, Covert said. He said he expects the parents’ attorneys to argue that jurors should send the message that no one should profit off defamation.

“They will want jurors to send the message that you can’t make a quarter of a billion in profit off harming someone and say you’ll just take the damages loss in court,” Covert said.

Jones was the only witness to testify in his defense, and he only attended the trial sporadically while still appearing on his show. And he came under withering attack from the plaintiffs attorneys under cross-examination, as they reviewed Jones’ own video claims about Sandy Hook over the years, and accused him of lying and trying to hide evidence, including text messages and emails about the attack. It also included internal emails sent by an Infowars employee that said “this Sandy Hook stuff is killing us.”

At one point, Jones was told that his attorneys had mistakenly sent Bankston the last two years’ worth of texts from Jones’ cellphone. Bankston said in court Thursday that the US House Jan. 6 committee investigating the 2021 attack on the US Capitol has requested the records and that he intends to comply.

And shortly after Jones declared “I don’t use email,” Jones was shown one that came from his address, and another one from an Infowars business officer telling Jones that the company had earned $800,000 gross in selling its products in a single day, which would amount to nearly $300 million in a year.

Jones’ media company Free Speech Systems, which is Infowars’ parent company, filed for bankruptcy during the two-week trial.

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Associated Press writer Michael Tarm in Chicago contributed to this report.

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For more of the AP’s coverage of school shootings: https://apnews.com/hub/school-shootings

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Trump ally Navarro sued for alleged unofficial email account

Trump ally Navarro sued for alleged unofficial email account

NEW YORK (AP) — The Justice Department filed suit Wednesday against Peter Navarro, claiming the former adviser to Donald Trump used an unofficial email account while working in the White House and wrongfully retained presidential records.

The lawsuit in federal court in Washington claims Navarro used at least one “non-official” email account — a ProtonMail account — to send and receive emails. The legal action comes just weeks after Navarro was indicted on criminal charges after refusing to cooperate with a congressional investigation into the Jan. 6, 2021, attack on the Capitol.

The civil cases alleges that by using the unofficial email account, Navarro failed to turn over presidential records to the National Archives and Records Administration.

The Justice Department is asking a federal judge for an order “authorizing the recovery of any Presidential records in the possession, custody, and/or control of Mr. Navarro.” The suit also seeks unspecified damage.

“Mr. Navarro is wrongfully retaining Presidential records that are the property of the United States, and which constitute part of the permanent historical record of the prior administration,” the suit states.

A lawyer representing Navarro in the criminal case did not immediately respond to a message seeking comment about the civil case.

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Alex Jones concedes Sandy Hook attack was ‘100% real’

Alex Jones concedes Sandy Hook attack was '100% real'

AUSTIN, Texas (AP) — Conspiracy theorist Alex Jones testified Wednesday that he now understands it was irresponsible of him to declare the Sandy Hook Elementary School massacre a hoax and that he now believes it was “100% real.”

Speaking a day after the parents of a 6-year-old boy who was killed in the 2012 attack testified about the suffering, death threats and harassment they’ve endured Because of what Jones has trumpeted on his media platforms, the Infowars host told a Texas courtroom that he definitely thinks the attack happened.

“Especially since I’ve met the parents. It’s 100% real,” Jones said at his trial to determine how much he and his media company, Free Speech Systems, owe for defaming Neil Heslin and Scarlett Lewis. Their son Jesse Lewis was among the 20 students and six educators who were killed in the attack in Newtown, Connecticut, which was the deadliest school shooting in American history.

But Heslin and Lewis said Tuesday that an apology wouldn’t suffice and that Jones needed to be held accountable for repeatedly spreading falsehoods about the attack. They are seeking at least $150 million.

Closing arguments are expected to begin later Wednesday after more testimony from Jones, who has portrayed the lawsuit as an attack on his First Amendment rights.

Jones is the only person testifying in his own defense. His attorney asked him if he now understands it was “absolutely irresponsible” to push the false claims that the massacre didn’t happen and no one died.

Jones said he does, but added, “They (the media) won’t let me take it back.”

He also complained that he’s been “typecast as someone that runs around talking about Sandy Hook, makes money off Sandy Hook, is obsessed by Sandy Hook.”

Jones’ testimony came a day after Heslin and Lewis told the courtroom in Austin, where Jones and his companies are based, that Jones and the false hoax claims he and Infowars pushed made their lives a “living hell” of death threats, online abuse and harassment.

They led a day of charged testimony Tuesday that included the judge scolding the bombastic Jones for not being truthful with some of what he said under oath.

In a gripping exchange, Lewis spoke directly to Jones, who was sitting about 10 feet away. Earlier that day, Jones was on his broadcast program telling his audience that Heslin is “slow” and being manipulated by bad people.

“I am a mother first and foremost and I know you are a father. My son existed,” Lewis said to Jones. “I am not deep state … I know you know that … And yet you’re going to leave this courthouse and say it again on your show.”

At one point, Lewis asked Jones: “Do you think I’m an actor?”

“No, I don’t think you’re an actor,” Jones responded before the judge admonished him to be quiet until called to testify.

Heslin and Lewis are among several Sandy Hook families who have filed several lawsuits alleging that the Sandy Hook hoax claims pushed by Jones have led to years of abuse by him and his followers.

Heslin and Lewis both said they fear for their lives and have been confronted by strangers at home and on the street. Heslin said his home and car had been shot at. The jury heard a death threat sent via telephone message to another Sandy Hook family.

“I can’t even describe the last nine and a half years, the living hell that I and others have had to endure because of the recklessness and negligence of Alex Jones,” Heslin said.

Scarlett Lewis also described threatening emails that seemed to have uncovered deep details of her personal life.

“It’s fear for your life,” Scarlett Lewis said. “You don’t know what they were going to do.”

Heslin said he didn’t know if the Sandy Hook hoax conspiracy theory originated with Jones, but it was Jones who “lit the match and started the fire” with an online platform and broadcast that reached millions worldwide.

“What was said about me and Sandy Hook itself resonates around the world,” Heslin said. “As time went on, I truly realized how dangerous it was.”

Jones skipped Heslin’s Tuesday morning testimony while he was on his show — a move Heslin dismissed as “cowardly” — but arrived in the courtroom for part of Scarlett Lewis’ testimony. He was accompanied by several private security guards.

“Today is very important to me and it’s been a long time coming… to face Alex Jones for what he said and did to me. To restore the honor and legacy of my son,” Heslin said when Jones wasn’t there.

Heslin told the jury about holding his son with a bullet hole through his head, even describing the extent of the damage to his son’s body. A key segment of the case is a 2017 Infowars broadcast that said Heslin did not hold his son.

The jury was shown a school picture of a smiling Jesse taken two weeks before he was killed. The parents didn’t receive the photo until after the shooting. They described how Jesse was known for telling classmates to “run!” which likely saved lives.

An apology from Jones wouldn’t be good enough, the parents said.

“Alex started this fight,” Heslin said, “and I’ll finish this fight.”

Jones later took the stand and was initially combative with the judge, who had asked him to answer his own attorney’s question. Jones testified he had long wanted to apologize to the plaintiffs.

Later, the judge sent the jury out of the room and strongly scolded Jones for telling the jury he had complied with pretrial evidence gathering even though he didn’t and that he is bankrupt, which has not been determined. The plaintiffs’ attorneys were furious about Jones mentioning he is bankrupt, which they worry will taint the jury’s decisions about damages.

“This is not your show,” Judge Maya Guerra Gamble told Jones. “Your beliefs do not make something true. You are under oath.”

Last September, the judge admonished Jones in her default judgment over his failure to turn over documents requested by the Sandy Hook families. A court in Connecticut issued a similar default judgment against Jones for the same reasons in a separate lawsuit brought by other Sandy Hook parents.

At stake in the trial is how much Jones will pay. The parents have asked the jury to award $150 million in compensation for defamation and intentional infliction of emotional distress. The jury will then consider whether Jones and his company will pay punitive damages.

Jones has already tried to protect Free Speech Systems financially. The company filed for federal bankruptcy protection last week. Sandy Hook families have separately sued Jones over his financial claims from him, arguing that the company is trying to protect millions owned by Jones and his family from him through shell entities.

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Associated Press writer Paul J. Weber contributed to this report.

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For more of the AP’s coverage of school shootings: https://apnews.com/hub/school-shootings

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Sandy Hook parents: Alex Jones claims created ‘living hell’

Sandy Hook parents: Alex Jones claims created 'living hell'

AUSTIN, Texas (AP) — Fighting back tears and finally given the chance to confront conspiracy theorist Alex Jonesthe parents of a 6-year-old killed in the 2012 Sandy Hook Elementary School shooting described being put through a “living hell” of death threats, harassment and ongoing trauma over the last decade caused by Jones using his media platforms to push claims that it was all a hoax.

The parents led a day of charged testimony that included the judge scolding the bombastic Jones for not being truthful with some of what he said under oath.

Neil Heslin and Scarlett Lewis, whose son Jesse was killed at Sandy Hook, took the witness stand Tuesday on the final day of testimony in the two-week defamation damages trial against Jones and his media company Free Speech Systems. They are seeking at least $150 million in damages.

In a gripping exchange, Lewis spoke directly to Jones, who was sitting about 10 feet away. Earlier that day, Jones was on his broadcast program telling his audience that Heslin is “slow” and being manipulated by bad people.

“I am a mother first and foremost and I know you are a father. My son existed,” Lewis said to Jones. “I am not deep state… I know you know that… And yet you’re going to leave this courthouse and say it again on your show.”

At one point, Lewis asked Jones: “Do you think I’m an actor?”

“No, I don’t think you’re an actor,” Jones responded before the judge admonished him to be quiet until called to testify.

Lewis continued trying to impress on Jones that the Sandy Hook shooting and trauma inflicted in the decade since then were real.

“It seems so incredible to me that we have to do this — that we have to implore you, to punish you — to get you to stop lying,” Lewis said. “I am so glad this day is here. I’m actually relieved. And grateful… that I got to say all this to you.”

Jones visibly shook his head several times while Scarlett Lewis was addressing him.

Heslin and Lewis are among several Sandy Hook families who have filed several lawsuits alleging that Sandy Hook hoax claims pushed by Jones have led to years of abuse by Jones and his followers.

Heslin and Lewis both said they fear for their lives and have been confronted by strangers at home and on the street. Heslin said his home and car had been shot at. The jury heard a death threat sent via telephone message to another Sandy Hook family.

“I can’t even describe the last nine and a half years, the living hell that I and others have had to endure because of the recklessness and negligence of Alex Jones,” Heslin said.

Scarlett Lewis also described threatening emails that seemed to have uncovered deep details of her personal life.

“It’s fear for your life,” Scarlett Lewis said. “You don’t know what they were going to do.”

Heslin said he didn’t know if the Sandy Hook hoax conspiracy theory originated with Jones, but it was Jones who “lit the match and started the fire” with an online platform and broadcast that reached millions worldwide.

“What was said about me and Sandy Hook itself resonates around the world,” Heslin said. “As time went on, I truly realized how dangerous it was.”

Jones skipped Heslin’s morning testimony while he was on his show — a move Heslin dismissed as “cowardly” — but arrived in the courtroom for part of Scarlett Lewis’ testimony. He was accompanied by several private security guards.

“Today is very important to me and it’s been a long time coming… to face Alex Jones for what he said and did to me. To restore the honor and legacy of my son,” Heslin said when Jones wasn’t there.

Heslin told the jury about holding his son with a bullet hole through his head, even describing the extent of the damage to his son’s body. A key segment of the case is a 2017 Infowars broadcast that said Heslin did not hold his son.

The jury was shown a school picture of a smiling Jesse taken two weeks before he was killed. The parents didn’t receive the photo until after the shooting. They described how Jesse was known for telling classmates to “run!” which likely saved lives.

An apology from Jones wouldn’t be good enough, the parents said.

“Alex started this fight,” Heslin said, “and I’ll finish this fight.”

Jones later took the stand himself, initially being combative with the judge, who had asked him to answer his own attorney’s question. Jones testified he had long wanted to apologize to the plaintiffs.

“I never intentionally tried to hurt you. I never said your name until this came to court,” Jones said. “The internet had questions, I had questions.”

Later, the judge sent the jury out of the room and strongly scolded Jones for telling the jury he complied with pretrial evidence gathering even though he didn’t, and that he is bankrupt, which has not been determined. Plaintiff’s attorneys were furious about Jones mentioning he is bankrupt, which they worry will taint a jury decision about damages.

“This is not your show,” Judge Maya Guerra Gamble told Jones. “Your beliefs do not make something true. You are under oath.”

Last September, Guerra admonished Jones in her default judgment over his failure to turn over documents requested by the Sandy Hook families. A court in Connecticut issued a similar default judgment against Jones for the same reasons in a separate lawsuit brought by other Sandy Hook parents.

Heslin and Lewis suffer from a form of post-traumatic stress disorder that comes from constant trauma, similar to that endured by soldiers in war zones or child abuse victims, a forensic psychologist who studied their cases and met with them testified Monday.

Jones has portrayed the lawsuit against him as an attack on his First Amendment rights.

At stake in the trial is how much Jones will pay. The parents have asked the jury to award $150 million in compensation for defamation and intentional infliction of emotional distress. The jury will then consider whether Jones and his company will pay punitive damages.

The trial is just one of several Jones faces.

Courts in Texas and Connecticut have already found Jones liable for defamation for his portrayal of the Sandy Hook massacre as a hoax. In both states, judges issued default judgments against Jones without trials because he failed to respond to court orders and turn over documents.

Jones has already tried to protect Free Speech Systems financially. The company filed for federal bankruptcy protection last week. Sandy Hook families have separately sued Jones over his financial claims from him, arguing that the company is trying to protect millions owned by Jones and his family from him through shell entities.

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Associated Press writer Paul J. Weber contributed to this report.

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For more of the AP’s coverage of school shootings: https://apnews.com/hub/school-shootings

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