OGDEN, Utah — The mother of a man caught on video being punched by Ogden police officers is now suing the department after the police chief said the actions of the officers was justified.
Marsha Quintana says her son, Shawn Sims, is a nonviolent person and was simply walking down the street and then the incident took place late last month.
On Monday, Quintana's attorney, Robert Sykes, went through the same body camera footage that was released nearly two weeks ago, showing the four officers use of force when arresting the 30-year-old son Sims.
Police claim that on April 22 officers saw Sims walking in traffic on Washington Boulevard near 17th Street. After a brief foot chase, Sims was taken to the ground by the officers after he refused to comply with their commands and appeared to reach into his waistband, leaving them to believe he had a gun.
"I was floored at his face and the swelling and the bruising, it was horrific to see your child like that is very disturbing," said Quintana.
Quintana and Sykes have filed a 28-page complaint in federal court listing several causes of action pointing to what they believe was excessive force that violated Sims Fourth Amendment rights. They also lay out what they believe feel are unlawful or deficient policies, procedures and/or protocols by the Ogden Police Department.
The complaint goes on to say no use of force is reasonable when a suspect is fully subdued and not resisting, adding that Sims was not fighting back or otherwise threatening the officers.
After the complaint was filed, the department today had nothing new to say on the matter and that their previous about the incident still stood. Two days after the arrest, Odgen police chief Eric Young relayed that the actions of his officers were justified following an investigation.
During a phone call with his mother while in custody, Sims said he was under the influence of drugs at the time and made a finger gun gesture towards officers.
"Officers struck sims with fists in the head, shoulder and back area numerous times to try and gain compliance," Young said during a briefing on April 22.
Sykes said he was disturbed when hearing how Young justified the arrest, while Quintana wants justice for Sims.
"I want to see the parties involved in the beating of my son held accountable for their actions."
