Wyandotte County man says he was beaten by police, abused in jail and deported by ICE
A Wyandotte County man says he was left permanently injured after he was beaten by Kansas City, Kansas, police officers and abused by jail employees before being turned over to Immigration and Customs Enforcement and deported.
The allegations are outlined in a lawsuit filed in the U.S. District Court for Kansas in February by Jesus Florez against Wyandotte County Sheriff Donald Ash, former Kansas City, Kansas, police chief Terry Ziegler, interim Kansas City, Kansas, police chief Michael York and various unnamed officers, deputies and jail workers.
The Kansas City, Kansas, Police Department and Ziegler declined to comment on pending litigation.
“We will see what the actual facts are when they are brought out at trial,” Ziegler said in an email to The Star.
The Wyandotte County Sheriff’s Office and Florez’s attorney did not respond to The Star’s request for comment in time for publication.
According to the suit, about eight KCK officers arrived at the home of Florez’s neighbor in July 2017 while Florez, a construction worker, was there after finishing his shift.
Police, the suit said, were responding to a call about a stolen fire truck.
Officers allegedly entered the home and pointed guns at Florez, who raised his hands, unarmed. Police then threw Florez to the floor, kicking him until he lost consciousness, the suit said.
Florez was arrested and charged in Wyandotte County District Court with aggravated robbery, theft, burglary and criminal trespassing. He was later found guilty of criminal trespassing but acquitted of burglary and theft. The aggravated robbery charges were dismissed by prosecutors, according to court records.
Four days after Florez was arrested he began vomiting in the Wyandotte County Detention Center, the suit says. When he was taken to a hospital, sheriff’s office employees allegedly falsely told hospital workers that he was experiencing alcohol withdrawal symptoms.
After he was discharged from the hospital, the complaint said, Florez was brought back again suffering from a fever, and loss of feeling and weakness in his lower body. He was diagnosed with neurological deficits and bilateral lower extremity weakness.
Despite this diagnosis, jail officials allegedly refused to let Florez use crutches or a wheelchair, forcing him to drag himself from place to place as his condition worsened. When he was unable to walk, the lawsuit said, jail employees would drag Florez.
Florez suffered “permanent neurologic trauma to his back and legs,” the suit said.
His administrative complaints about the treatment, Florez said, were never addressed in 15 months he spent in the Wyandotte County jail.
In September, 2018, the suit says, Florez was acquitted on most charges. He was sentenced to time served on the trespassing charge.
Rather than being released from jail, however, Florez was transferred into the custody of Immigration and Customs Enforcement and deported, the lawsuit said.
Pattern of accusations
The allegations in Florez’s suit mirror other accusations brought in recent years against the Wyandotte County Sheriff’s Office and Kansas City, Kansas, Police Department.
In November Wyandotte County Sgt. David Toland and Deputy Marcus Johnson were criminally charged on accusations that they beat up a handcuffed inmate in September.
Both face one count of misdemeanor mistreatment of a confined person. Toland is additionally charged with aggravated battery, and Johnson is charged with misdemeanor assault.
Another lawsuit against the Kansas City, Kansas police department was filed in December alleging that police barged into a man’s home in the middle of the night and beat him up before having him charged with assault.
That lawsuit is pending.
The Star’s Luke Nozicka contributed to this report.
