MIAMI - The City of Coral Gables and two of its police officers face civil charges in federal court for alleged false arrest and excessive force, according to documents filed on March 24.
Plaintiff Benjamin Guerrero, a law enforcement veteran with more than three decades of Miami-area industry experience, was Deputy Chief of Police at the Florida International University Police Department at the time of the incident.
The lawsuit says that on November 16, 2018, the officer traveled via Lyft to the Hillstone Restaurant in Coral Gables, where he met three friends for drinks and dinner. One of the friends reached the restaurant's alcoholic drink limit and requested to speak to the manager when she was cut off.
According to the lawsuit, a civil, non-violent encounter between the plaintiff's friend and the manager can be seen on the Hillstone security camera. Additionally, no other patrons in the establishment are seen looking up or appearing disturbed by the encounter, because no voices were raised and no violence occurred, the suit claims.
Despite the apparent non-violent encounter, two police officers, defendants Leandro Izquierdo and Alvaro Escalona, allegedly approached the plaintiff from behind and tackled him off his barstool, handcuffed him and hauled him off for booking. After being arrested, officers strip-searched him and took his mugshot, which was placed online and on social media, the suit says.
Guerrero says he received a demotion as a result of the defamation that ensued from the false arrest; he also subjected himself to two polygraph tests to prove his innocence, which both showed he was being truthful, the suit claims.
The defendants are charged with false arrest and imprisonment and excessive force.
The plaintiff is represented by Rasco Klock Perez Nieto of Coral Gables.