Candido Medina-ResendizA lawsuit filed in federal court Tuesday claims the Red Bank Police Department created a culture that shielded officers and let them feel they could beat an arrestee with complete impunity.
Dashcam video shows former officer Mark Kaylor and others punching Candido Medina-Resendiz in the arm and face while others held him down, stun-gunned and tried to handcuff him after a traffic stop in 2013. Medina-Resendiz ended up with a swollen-shut eye, a fractured eye socket and cuts and bruises on his face.
Kaylor has been indicted on charges of aggravated assault, reckless endangerment and official misconduct and resigned from the force. Medina-Resendiz and his attorneys say the officers who beat him aren't the only ones to blame.
The suit claims a violation of Medina-Resendiz's Fourth Amendment rights. It describes a "custom of recklessly hiring officers with prior episodes of misconduct at other law enforcement agencies, failing to meaningfully investigate allegations of constitutional violations by its officers, and ratifying unconstitutional actions by its officers."
It also names Leigh Noorbergen, Kaylor's supervisor, and the city.
"We felt that it was important to hold Kaylor, Noorbergen and Red Bank responsible for what happened," attorney Kyle Mothershead said.
But Kaylor's attorney, Lee Davis, was extremely critical of Mothershead and his co-counsel. Instead of notifying Davis of the suit, as would be customary, Mothershead took news of Tuesday's filing directly to WRCB Channel 3.
"As of this morning, Mr. Kaylor's not been given a copy of it," Davis said Wednesday. "I've not been given a copy of it."
Davis said Medina-Resendiz's attorneys are leaving out key details -- including that their client had been deported once and returned to the country, and that he admitted to drinking between eight and 12 beers the night of his arrest.
"They're tainting any potential jury pool for their civil case and for the criminal case by sending complaints and then taking an aggressive media presence on the case," Davis said.
After his arrest, Medina-Resendiz filed a formal complaint with RBPD.
"Instead of investigating allegations of false arrests and falsifying reports, the City of Red Bank and RBPD bought Defendant Kaylor a cake to celebrate his 100th DUI arrest," the complaint states.
After Medina-Resendiz's complaint, Kaylor was originally cleared of wrongdoing. Medina-Resendiz was indicted on charges of resisting arrest, simple assault and DUI by consent. Eventually District Attorney General Neal Pinkston reviewed dashcam video and Medina-Resendiz's charges were taken back to a grand jury to be re-examined.
The complaint states Noorbergen was fired from the Chattanooga Police Department after an order to complete anger management counseling.
Red Bank Police Chief Tim Christol did not return a call for comment Wednesday. Through Davis, Kaylor has repeatedly denied guilt and said he plans to fight the criminal charges against him at a jury trial this spring.
Contact staff writer Claire Wiseman at cwiseman@timesfreepress.com or 423-757-6347. Follow her on Twitter @clairelwiseman.