A federal appeals court has breathed new life into an Iraq War veteran’s lawsuit against the city of New Orleans and two former police officers who allegedly pummeled the Latino veteran into unconsciousness after calling him a “fake American.”
The Fifth District Court of Appeals ruled Nov. 18 that certain claims that Jorge Gomez brought against the city and former officers John Galman and Spencer Sutton can now go forward. Previously, a federal district court dismissed Gomez’ claims because the court found that the officers were not acting under the color of authority during the altercation at a New Orleans bar.
A spokesman for the New Orleans Police Department said the department promptly dealt with the 2018 events described in the lawsuit.
“While NOPD cannot comment specifically on active litigation, the department’s swift action related to the suspension and subsequent termination of these two officers is a clear statement that this sort of behavior was not, and will not be, tolerated at NOPD,” Gary Scheets said in an email to the Louisiana Record.
The altercation took place at the Mid-City Yacht Club, starting with verbal abuse and then turning into a physical beating, according to Fifth Circuit opinion.
“Galman and Sutton harassed Gomez, calling him a ‘fake American’ and telling him to ‘go back’ to where he came from,” the appeals court said.
Gomez attempted to leave by getting in his truck, according to the Fifth Circuit’s account. But the officers then stopped him and told him to exit the vehicle, as if they were on-duty police officers, Gomez has alleged.
The plaintiff said he was put in a police hold and then knocked unconscious. One of the officers called police dispatch, and Gomez was rushed to an emergency room by ambulance, suffering from a concussion and other major injuries, the opinion states.
“Viewing his complaint in the light most favorable to Gomez – as we must – we determine that he has adequately pleaded facts which establish that Galman and Sutton acted under the color of the law,” the court’s opinion says.
The appeals court concluded that Gomez could sue the former officers for federal civil rights violations and that a claim against the city of New Orleans based on a state law outlining negligent hiring, retention and supervision could go forward. Some other state-based claims made by Gomez were correctly dismissed by the district court, however, the opinion says.