At about 2 PM on April 27, 2016, Jacksonville, Florida resident, Mayra Martinez reported to her first day of work at Scores Bar after recently moving from Orlando. She was reportedly fired after being served alcohol (or something else) by fellow Scores employees. Scores called the police and reported her as “trespassing.” She was kicked out without her purse, social security card and other belongings. Police arrived quickly. The events thereafter can only be described as a disturbing series of violations of her civil rights and human rights. This deposition was taken in that civil case.
I. UNNECESSARY USE OF FORCE (PARKING LOT)
Rookie police officer Akinyeme Borisade of the Jacksonville Sheriff’s Office reported to the scene. He and a fellow officer pinned Ms. Martinez on the ground and used “ground and pound” techniques on her. It appears the officers also hit or shoved her head into the asphalt. She can be heard screaming from a good Samaritan’s dashcam, “I didn’t do anything.” The arrest report differs from the dashcam, as these officers where not aware of being recorded using unnecessary force.
II. UNNECESSARY USE OF FORCE (JAIL)
Ms. Martinez was then transported to the sally port (intake corridor) of the Pre-Trial Detention Facility of Jacksonville Sheriff’s Office by the same officer. Footage depicts her handcuffed and standing around being largely ignored for some time awaiting processing into the jail. At some point she says or does something officer Borisade disagrees with. He approaches her and shoves her into the wall. She reflectively kicks back and he pummels her in the stomach, chest and face, knocking her completely unconscious.
III. FAILURE OF OFFICERS TO INTERVENE
Officers have a duty to protect individuals from constitutional violations by fellow officers. Therefore, an officer who witnesses a fellow officer violating an individual’s constitutional rights may be liable to the victim for failing to intervene. You can clearly see this in the above video- apathy, lack of concern, repeatedly failing to intervene or taking over for the officer who clearly had lost his composure. The Blue Line was protected despite clear abuses of power.
No supervisor ever stepped in or controlled this probationary officer. Sure they terminated him after the incidents, but it was too little, too late.
IV. FAILURE TO PROVIDE ANY CARE OR CONCERN FOR UNCONSCIOUS VICTIM FOR 15 MINUTES
Detention and correctional facilities have an obligation to provide adequate medical care to detainees and prisoners. They are in the care, custody and control of the institution, and are unable to seek their medical care elsewhere, as free persons may. As such, considerable time, effort, and expense must be devoted to protecting injured or sick inmates. What you see in the above video is beyond disturbing. Ms. Martinez was left to potentially sustain serious neurological injury, or die, without one person checking her pulse, breathing, whether she would choke or aspirate on her own vomit, etc. She did not move for nearly 15 minutes and no one showed any care or concern about it.
V. REFUSAL OF HOSPITALIZATION RECOMMENDED BY EMTS BY OFFICER BORISADE
Once Jacksonville Fire and Rescue were finally called by JSO and arrived, they were given false or a fundamental lack of information. The EMT report indicates officer Borisade only admitted hitting her in the stomach and claims that pain in the stomach was all she complained of. She is clearly unconscious at the time of the incident. The report makes no mention of any head trauma. Making matters worse, the EMT report indicates EMTs repeatedly urged Jacksonville Sheriff’s Office to allow them to take her to a hospital in the ambulance located only a few feet away. However, the very same officer who harmed her was authorized to refuse her further medical treatment or hospitalization “against (the EMT’s) medical advice.” He had no business being in her presence at this point, much less making medical decision on her behalf after committing multiple crimes of battery against her.
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