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Bernice De La Cruz Case Study

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• P alleges excessive force and false arrest. P claims he was at his former girlfriend’s apartment when two MOS arrested. P claims that he was placed in RMP and taken to PSA 6 precinct. P claims that at the precinct several MOS assaulted him causing him to lose vision in one eye. MOS Carlos Sierra was not present at the precinct for the incident. MOS Natalie Roman state that she and her partner, Bernice De La Cruz, were responding to a radio run for dispute between a male and female. When they arrived at the location, P informed MOS that he had called 911 because his former girlfriend has an order of protection against him and he needed to get his personal belongings from the apartment. MOS had P wait in the hallway as they spoke with his former girlfriend, who informed MOS that she wanted P removed from the premise. MOS Roman placed P in …show more content…

Sgt. Gurniak ordered that P should be arrested for violating the order of protection causing P to threaten MOS and spit at them. P was placed in the back of a RMP and during the drive to the precinct P continued to threaten and yell at MOS. P also kicked the RMP’s rear passenger-side window causing the window’s glass to shatter and strike MOS De La Cruz in the face. Then, P also attempted to break the rear driver’s side window. After they arrived at the precinct, other MOS removed P out the RMP and P was still kicking and spitting. Lt. Kunak came out from the precinct to assist the MOS in controlling P, who was attempting to flee from the precinct. Lt. Kunak told P to calm down or he will be tasered. Then, P calm down and P was placed in a cell. While Lt. Kunak was speaking with Sgt. Gurniack, Lt. Kunak heard yelling and screaming from the cell area. Lt. Kunak went to the cell area and observed P throwing himself against the cell and spitting. Lt. Kunak got a taser and told P to calm down or he will be taser. Lt. Kuak opened the cell door and tasered P. An ambulance was called and P was taken to the hospital. P plead

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