The Virginia U.S. Army lieutenant who was pepper-sprayed, struck, and handcuffed during a traffic stop can move forward with his lawsuit claiming false imprisonment and assault and battery.
While Caron Nazario can move to proceed with his lawsuit, U.S. District Judge Roderick C. Young said federal immunity laws shield the two officers from two things, claims that they violated Nazario’s constitutional protections against excessive force and unreasonable seizure; his right to free speech by allegedly threatening him with arrest if he complained about their behavior.
Judge Young ruled 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. Nazario had a concealed carry permit.
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