Beri Dave (2020)

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Overview

Bodycam Footage Officer David Laird

On October 14, 2020, Dave was filming in an unsecured area behind the South Padre Island Texas Police Department police station. Officers asked Dave if he needed any help, which he refused. Officer David Laird approached and threatened to cite Dave for trespassing. Dave asked Laird for his name and badge number, and Laird handcuffed Dave. Laird made several demands for Dave to identify himself, and was eventually ordered by another officer to release Dave. Detective Jaime Rodriguez verbally engaged Dave and later followed him in a vehicle, which Dave claimed was harassment.[1]

On December 15, 2020, Dave sued Laird, Rodriguez, the police chief, and the city, claiming violation of his rights under the First, Fourth, and Fourteenth Amendments.

On November 30, 2021, a Magistrate Judge provided their review and recommendations regarding Dave's filings and recommended that the claims be dismissed as Dave had failed to state a valid legal claim against Laird.

On June 10, 2022, Rodriguez died.[2]

By August 30, 2022, the U.S. District Court had made several rulings to deny Dave's claims. The claims against Rodriguez were invalid as he had not been served before he died, giving the court no jurisdiction. The claims against the police chief were dismissed as a lack of training was deemed to not be direct conduct aimed at denying a constitutional right. The claims against Laird were dismissed based on the earlier recommendations of the Magistrate Judge.[3]

On September 26, 2022, Dave appealed the ruling.

On April 18, 2023, the U.S. Court of Appeals upheld the lower court's dismissal of the claims.[3]

Video

The incident was captured on Laird's body-worn camera.

Officers Involved


References

  1. Dave v. Laird, et al Complaint, U.S. District Court, 2020-12-15
  2. Obituary, Tribute Archive
  3. 3.0 3.1 Dave v. O'Caroll, et al Opinion, U.S. Court of Appeals, 2023-04-18

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