Man files lawsuit against Mesa, 3 officers over use-of-force incident

PHOENIX — A man has filed a federal lawsuit against the city of Mesa and three of its police officers over a use-of-force incident that occurred in 2018.

Attorneys for Robert Johnson said Tuesday they are seeking a jury trial for their client and at least $2 million in compensation for the May 2018 incident.

The lawsuit, filed May 3, accuses the city of negligence, the officers of excessive force, and both parties of assault and battery.

“The Mesa police officers who assaulted Mr. Johnson were not prosecuted criminally, so we have to seek justice in a civil court,” Johnson’s attorney Benjamin Taylor said in an emailed statement to KTAR News 92.3 FM.

A Mesa spokesman said city officials would not comment on pending litigation.

Body camera video of the incident showed Johnson talking on his phone in a corridor as officers approach and instruct him to sit down. He did not follow directions, but instead leaned against the wall with the phone in his hand.

The officers began to punch Johnson in the head repeatedly and tried to hold him down.

According to the lawsuit, Johnson attempted to talk with the officers after he was punched, “at which time he was shoved into the door, placed on the ground, shackled, and gagged with a ‘spit mask.’”

Lawyers for Johnson said the beating left their client with serious injuries, emotional distress and medical expenses.

Charges against Johnson of disorderly conduct and hindering prosecution were dismissed on June 14.

Five officers — Jhonte Jones, Rudy Monarrez, Ernesto Calderon, Robert Gambee and William Abbiatt — were placed on paid administrative leave after the video circulated.

On Aug. 27, a Scottsdale Police Department investigation concluded that the use of police force “was legally authorized and justified” and the officers were cleared of criminal wrongdoing.

Johnson’s attorneys filed a $1.97 million notice of claim – a precursor to a lawsuit – against Mesa last November. The city had 180 days to respond or settle the case.

The Associated Press contributed to this report.

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