NORFOLK, Va. —
A U.S. 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 laws shield the two officers involved.
Caron Nazario, who is Black and Latino, claims that the officers violated his constitutional protections against excessive force and unreasonable seizure. Further, he claims a violation of his right to free speech, alleging that the officers threatened him with arrest if he complained about their behavior.
U.S. 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 U.S. 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...
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