A Terre Haute man claims in a federal lawsuit that city police officers unlawfully arrested, assaulted and harassed him during an early morning traffic stop in July 2001.
William L. Mazique, 43, was dragged from his car by a police dog after officers say Mazique refused to produce his driver's license and hid his right hand from a police officer's view. Police claim Mazique was hiding a can of chemical spray.
Mazique has said otherwise -- that he was complying with patrolman Rick Decker when the officer drew his weapon and called for backup about 12:30 a.m. on July 6, 2001.
The lawsuit, filed in March 2002, names the city of Terre Haute, the Police Department and eight police officers -- Decker, Charlie Burress, Matthew Carden, Scott Funkhouser, Terry John, Gary Mosbarger, Harold Seifers and Julia Stamper -- as defendants.
According to police, four of the officers being sued arrived after Mazique was in custody. Originally, an additional officer was named, but the case against him was dismissed after it was determined he was not at the scene.
Mazique is asking for unspecified damages, alleging his civil rights were violated when he was subjected to unreasonable seizure and excessive force during his arrest for allegedly resisting law enforcement. The case is set for trial Nov. 12.
In court documents, police admit they detained and arrested Mazique, who they say was resisting. They assert that only reasonable force was used.
"He was removed from the car in the safest way possible for both him and the officers," said Terre Haute attorney Bill Drummy, who along with Eric Frey represent the city, police and the officers.
Mazique declined comment Tuesday, saying he'd been told not to discuss the case, since it is pending. A paralegal with the law firm Tofaute and Spelman said Mazique's attorney would not comment, either.
Depositions and court records suggest police were looking for another man -- who is white -- at the time of the traffic stop. Mazique, who is black, was driving a red car -- a vehicle similar in description to that of a man suspected of violating a protective order, according to court records and sworn statements related to the case.
While Mazique contends Decker was aware the suspect was white, Drummy said police did not know the race of the man they were looking for when Mazique was pulled over. Instead, they simply had a vehicle description, sworn statements by police indicate.
According to the lawsuit, Mazique had finished work and was less than a block from home when he noticed a police officer make a U-turn on North 23rd Street and turn on his lights.
Mazique says he pulled over, turned off his car and rolled down his window before Decker approached and asked for his driver's license.
What happened next is disputed.
According to the lawsuit, Mazique was trying to comply with Decker's request by getting his wallet out of his pocket when the police officer grabbed the outside door handle and tried to open it.
The lawsuit claims Decker then reached inside Mazique's car and tried to open the door from inside. When he handed Decker his license, Mazique says the officer told him to place both of his hands onto the steering wheel and then called for backup.
In a sworn statement, Decker has said he pulled over Mazique because the vehicle he was in matched the description of one driven by a man accused of violating a protective order in the area of 22nd Street and Third Avenue.
When asked to produce his driver's license, Mazique "just flat out refused to cooperate with me," Decker said, according to a transcript from a deposition taken in January.
Mazique would not put his hands on the steering wheel, as requested, and kept dropping his right hand down by his leg, Decker said of what led him to call for backup.
A witness has claimed to have seen Decker yelling for Mazique to show his hands. The witness also said Mazique rolled up his window after being pulled over by police, according to a transcript of a statement made in June.
Sgt. Seifers -- who was among the offers who responded -- tried to forcibly remove Mazique through the driver's side window of the car, a police report indicates. When that didn't work, Officer John said he opened the car's passenger door and warned he would release his K-9 if Mazique did not show his hands.
"I felt he was attempting to retrieve a weapon to harm one of the other officers, so I sent my K-9 in the vehicle," John said in a sworn statement, taken in January.
As the dog grabbed Mazique's right arm, John said he noticed a cylindrical object fall from the man's right hand. The item -- chemical spray -- was taken as evidence, police records indicate.
When questioned by a defense attorney, Mazique said he reached only for his wallet, which he says fell from the steering wheel when he put his hands in the air as Decker pointed a gun at him.
Mazique said he had chemical spray in the car's console but denied reaching for it or having it in his possession when the police dog was released. He said police found the spray when searching his car.
Mazique also claims he was not warned by police that a K-9 would be used, nor read his Miranda warnings when he was arrested.
Police reports show Mazique was taken to Union Hospital, where he was treated for the dog bite and released. He was charged with resisting law enforcement, a misdemeanor. The criminal case is still pending.
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