OC Police Officers Answer Excessive Force Lawsuit With Dismissal Request

OCEAN CITY — The Ocean City police officers named as defendants in a civil suit filed in July by a Montgomery County man, who alleges he was roughed up during his arrest and subsequent detention, filed a formal answer in the case seeking to have it dismissed.

In July, Silver Spring resident John Henry, through his attorney, filed suit in U.S. District Court against various OCPD officers and public safety aides, OCPD Chief Ross Buzzuro and Worcester County alleging he was injured when thrown into a police transport vehicle and injured further when he was handled roughly at the Public Safety Building for processing and detention. This week, the named OCPD defendants filed a formal answer to the suit seeking to have it dismissed for a variety reasons.

In the formal answer filed this week, the OCPD defendants deny they committed the wrongs against Henry spelled out in the complaint and assert they are not guilty as alleged. Among the defendants’ affirmative defenses is the assertion the plaintiff is guilty of contributory negligence and guilty of the assumption of risk. The OCPD officers’ formal answer seeking a dismissal also asserts the defendants have governmental immunity and qualified immunity under law.

The complaint alleges OCPD officers first encountered Henry on Aug. 4, 2013 near the corner of 9th Street and Edgewater Avenue The OCPD officers met with an admittedly intoxicated Henry and told him to move on. However, the complaint alleges despite following the officers’ orders, he was taken into custody, thrown into a police transport van with excessive force, was not secured with any belt and was subjected to a constant battering to his face and body during his entire trip to the intake facility and holding cell.

According to the complaint, once at the Public Safety Building, Henry was allegedly thrown face first into a cinderblock interior wall in a cell, suffering further injury that ultimately led to his transport to Shock Trauma in Baltimore. It’s important to note the alleged rough handling of prisoners by overzealous police officers has been a recurring theme in recent months in Maryland and across the country.

It’s also important to note, while Henry throughout the complaint maintains he was an innocent victim during the incident, he was ultimately charged with three counts of second-degree assault and resisting arrest. He was convicted of the latter and was sentenced to five days in jail and fined $1,000.

The OCPD officers involved were named as defendants in the federal suit for their individual roles in the alleged rough handling of the plaintiff. Buzzuro was named as a defendant for allegedly failing to train and prepare his officers in the proper handling of an intoxicated prisoner. Oddly, Worcester County was named as a defendant for allegedly being the governmental entity charged with overseeing the OCPD although the county has little or no purview over the department. For that reason, a motion was filed last week to dismiss the county as a defendant although no ruling has been made on that motion.

The suit alleges civil rights violations including unreasonable search and seizure, excessive force and deprivation of liberty among other things. The suit seeks punitive damages against the named defendants in excess of $75,000 and compensatory damages in excess of $75,000.

“The defendants had no adequate training regarding the arrest, investigatory stop or reasonable use of force regarding the detention of an alleged intoxicated individual, despite the fact that Ocean City, Maryland is a well-known vacation spot which promotes, advertises and encourages partying and drinking alcoholic beverages by its tourists at its various business establishments, which results in hundreds of arrests, detentions and seizures annually,” the complaint reads.

Again, it’s important to note while the plaintiff asserts he was innocent and followed the officers’ orders, he was charged with assault and ultimately convicted of resisting arrest and sentenced to jail time. Nonetheless, the complaint alleges a continued pattern of mishandling intoxicated suspects in a resort town that welcomes the behavior.

“This pattern of treating visitors, who often are invited to relax and enjoy the alcohol available at local taverns, with force so great as that in this case can and does lead to permanent injury and is endemic and should not be tolerated,” the complaint reads.

According to the complaint, “the excessive force in the warrantless stop set into motion the chain of events that led to an unauthorized and warrantless illegal search and seizure and the use of excessive force by the defendants caused the plaintiff to be further detained and physically injured, suffer pain and suffering, mental anguish and distress and permanent impairment in violation of the plaintiff’s rights under the Fourth, Fifth and 14th Amendments to the Constitution of the United States.”