Transit Police Sued in New ACLU Case

The ACLU filed suit in federal court September 16, 2011, on behalf of Carlos Cardenas, of Arlington, Virginia, against Metro Transit Police Officer T. Tubbs and others including a sergeant. The lawsuit, assigned to be heard by Judge Emmet Sullivan, asks for damages for false arrest, assault and battery and violation of constitutional rights. No date has been set fior the first hearing.

The suit grows out of an incident in September 2010 when the officer grabbed a bicycle Mr. Cardenas was carrying on a Metro escalator, demanding he get moving and pushing the bicycle so hard it crashed down the escalator.  At the mezzanine, Mr. Cardenas tried to ask the officer why he had acted as he did.  Ignored, he asked again.  The officer appeared angry and called for backup. A crowd of additional officers swarmed down the escalators, surrounding Mr. Cardenas and cuffing him.  Officer Tubbs arrested Mr. Cardenas a few minutes later. 

According to Mr. Cardenas, "All I did was ask some questions--why did he treat me like that?"

Mr. Cardenas filed suit after his complaint to Metro went unanswered after ten months.  Officials interviewed him but in the months that followed never answered his repeated inquiries about the progress of any investigation.

ACLU Senior Staff Attorney, Fritz Mulhuaser, said "This is the first of several suits the ACLU will be filing to highlight incidents of false arrest and excessive force with the goal of shedding light on police practices in the WMATA police unit.  Those injured need a remedy and the ACLU will also be asking the WMATA organization to take a hard look at police training, supervision and handling of citizen complaints."

The complaint filed in court initiatiing the case, assigned No. 11-cv-1685-EGS, is available here.