Roseville cops sued for roughing up man during traffic stop [DASH CAM FOOTAGE]

Categories: Police
RosevillePDbrutality2.jpg
Hernandez-Rivera looked the worse for wear following his May 26 arrest.
The Roseville Police Department has been hit with a $500,000 lawsuit by a Minneapolis man who claims cops used excessive force against him during a traffic stop on eastbound Highway 36 last May.

Victor Yair Hernandez-Rivera, 25, was in the passenger seat of a car that was pulled over for speeding. The driver bolted on foot and wasn't apprehended, but Hernandez-Rivera was roughly thrown to the ground as he slowly emerged from the vehicle. With officers on top of him, he was repeatedly tasered, and dashboard cam footage appears shows a third officer taking a hard swing at him with his fist.

See also:
Here's video of massive brawl that has Roseville cops blasting LA Fitness for lax security

Here's the video:



We contacted Roseville PD spokesman Lorne Rosand for comment. He sent us a statement on behalf of Roseville Police Chief Rick Mathwig, reprinted here in full:
Roseville Police Department Opens Internal Affairs Investigation

On April 15, 2014 the Roseville Police Department received a Notice of a Lawsuit and Request to Waive Service of Summons involving Victor Yair Hernandez-Rivera and four Roseville Police Officers: Officer Justin Gunderson, Officer Erin Reski, Officer Kyle Eckert and Officer Grant Dattilo.

The Roseville Police Department takes allegations of this nature very seriously and pursuant to department policy has opened an internal affairs investigation into the events surrounding the arrest of Mr. Hernandez-Rivera. The internal affairs investigation can take considerable time to complete. We ask for the public's patience as we investigate the allegations.

The Roseville Police Department's Value Statement incorporates Service to the Community; Integrity; Respect; and Innovation as core values of the Department. These words hold true meaning and shape our contacts with the public as law enforcement effectiveness depends upon the community respect and confidence.

As the case involves a civil lawsuit this will be the Roseville Police Department's only statement on the matter at this time.

Rick Mathwig
Chief of Police
Following his arrest, Hernandez-Rivera was charged with obstruction of the legal process with force and fleeing an officer on foot, but both charges were later dropped, the Pioneer Press reports.

Though officers can be heard screaming commands at Hernandez-Rivera in the video, he might not have understood them -- Hernandez-Rivera's attorney told the PiPress he speaks little English.

All four officers named in the lawsuit remain on duty pending the result of the internal affairs investigation.

-- Follow Aaron Rupar on Twitter at @atrupar. Got a tip? Drop him a line at arupar@citypages.com.


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102 comments
Reid LeRud
Reid LeRud

the cops did the right thing the guy is a pain in the ass.

Steve Woodward
Steve Woodward

Lots of judgemental people here. Two wrong people. Cops and criminals. Watch Chris Rock on how not to get your ass beat by the cops. But doesn't look good

Sïlas S. ÇassÌdī
Sïlas S. ÇassÌdī

@Rob Thunder you obviously have never been tased. it's impossible to move, that's why they are used in the first place, plus with a 200lb greaseball kneeling on your spine with enough jolts shot thru your body for long enough to completely lose control of your bowels it's kinda hard to move your hands or any part of your body for that matter.

Don Eaton
Don Eaton

I saw this video on the news last night. There cops were wrong. There was no aggressive behavior from that guy, none at all to justify what those cops did. They are there to uphold the law, that's it. A similar thing happened to me with the Blaine police dept. this guy has a good lawyer, mine told me I didn't have the right to press any charges and also that there wasn't a lawyer in the state that would "go after" any cops. The whole system is screwed and it starts with the cops. I think they should be thrown into a room one by one with a "gang" of people who hate them. Make them fear for their life and wonder what's gonna happen next. That's the only way any cop is going to learn. Eye for an eye.

Ryan Reichardt
Ryan Reichardt

Maybe as citizens we just stop pulling over. Stop giving into them. Every interaction I had with LEO's EXCEPT ONE were negative. Stopped at gun point for "no front plate" on my car. 3 cars 6 officers on scene. I was merely on my way home from work that night. They try to use intimidation as a weapon. Lucky for me I am larger and stronger than most of these cops so that weapon is a dead horse.

Kaia Rubin
Kaia Rubin

Cops are a lot like wasps - when you encounter them remember to stay the f still or you'll get hurt.

Kaia Rubin
Kaia Rubin

Try having someone sitting on you like this officer was and then try putting your hands behind your back whilst being tazed at the same time- it's physically impossible, the cop is kneeing him right where the muscles controlling upper body movement are so how can he ? Shut up.

Robb Thunder
Robb Thunder

Congrats dude! I talk about that job a lot at work. Those were done good times :)

alegare7
alegare7

That was ridiculous, disheartening, and disturbing; but oh, I'm sure Hernadez-Rivera was an immediate threat to society at this moment so the 4 officers were needed to obtain him…

meanwhile his friend was fleeing on foot? Hmm

Austin Zinnel
Austin Zinnel

The guy they beating the crap out didnt even run... I am about be a father again...I miss you Robb Thunder...I think we should have stuck together and you and I could have protected the public on the mean streets of Mpls....

Austin Zinnel
Austin Zinnel

Robb Thunder the first cop who ripped him out..good job.the tasing was a little much. the women who grabbed his arm..good job....the third and forth guy should have been chasing the first suspect....as far as the 500 k...that they are being sued for totally being highballed and don't believe he is going to even a cent of that...is the taser a non-leathal weapon?

Sara Emmerich
Sara Emmerich

I'm a law abiding citizen, however I don't trust police John A. It's fortunate that you've had pleasant interactions with cops, but I've had several negative experiences. One time my girlfriends and I got curfew violations when we were 15, well actually the girls in the other cop car didn't get a violation because the cops offered the girls an out: oral sex and they wouldn't get violations. 15 years old. I've been solicited for sex by police on 4 separate occasions all while under 18. Several of my friends have as well, so while violence isn't my concern, sexual assault is. It's unfortunate to be scared of the people who are paid to protect you. Watching a guy already who's already face first on the ground, getting tased continually, with 2 cops already on him and then getting pummeled by a couple more? I'd consider that excessive.

Robb Thunder
Robb Thunder

Austin, I know we won't see eye to eye on this. Having said that, I don't think he was cooperating, he was told numerous times to go with the program. Not to mention, people are only getting a fraction of the story. Furthermore, are they (the police) mind readers? Are they automatically supposed to know that the guy is not a threat? Well, they don't. I think it's funny how people go overboard on these videos. You might as well say all veterinarians should be killed because they euthanize animals sometimes. Anyway, how's it going bud?

Austin Zinnel
Austin Zinnel

4 on 1 beatdown with one, officer using a taser...nice punch to the face with the suspect on flat on his belly and two officers on top....and all that on the guy pretty much cooperating...plus I am not putting my hands down if I am scared and trying to protect myself either

Robb Thunder
Robb Thunder

I think if anyone has ever been in a similar situation, they would not say things like "that was excessive" or "they should be fired."

Ryan Acker
Ryan Acker

I would rather be judged by 12 then carried by six, sounds pretty clear to put your hands behind your back, how do they know at that point if he has a weapon. Listen and obey or get what you deserve

Jessy Kate Daniel
Jessy Kate Daniel

100% police brutality-the ignorance that they assume the man can understand them and by yelling he then should-It doesn't even cross their minds. They are so obviously on some sick power trip-have they no personal integrity?

John Andryski
John Andryski

So how many of you so called" Cop haters" are law biding citizens?

Bryan Hofius
Bryan Hofius

Not excessive AT ALL. When the cops have to tell this POS more than once to put his hands behind his back, then it takes 2 additional cops to force his hands back! I don't care if he doesn't understand English one bit. If I had 4 cops telling me in Latin to put my hands behind my back while trying to do so, I think I would quit fighting them and just put my hands behind my back. Otherwise I would expect a little "excessive punishment" as you like to call it. Hats off to the cops for putting up with f***ers like this!!!!

Matt Wirka
Matt Wirka

We didn't see the chase or anything leading up to the arrest. One can clearly hear "shots fired" over the radio. The guy was not complying, clearly. Who knows? Judging by the photo, I've been on the receiving end of much, much worse (and not by cops). This looks like non-news to me, yet again, there is not enough data here to make assumptions.

Samuel Thomas Kooy
Samuel Thomas Kooy

Studies show if you electrocute someone they learn English. It's simple.

Joe Balsanek
Joe Balsanek

Jesus Christ... He wasn't putting his hands behind his back like he was being told to do. Put yourself in the officers' position. They don't know he doesn't speak English. All they know at this point is that a suspect fled and his accomplice tried to do the same... So yeah... F the police... How about obey the law and try giving back to society instead of taking advantage... Me, me, me...

Keith Berserker Vwo McCabe
Keith Berserker Vwo McCabe

Maybe He Could Put his Hands behind his Back If You QUIT FUCKIN TASING HIM! Dumbasses. Lucky They Didnt electrocute him to Death

kristinrolfe
kristinrolfe

Victor should sue the Roseville police and individual abusive officers for all they're worth. They were in the wrong from the moment they chucked him to the ground. That video says it all, and the police departments statement was pitiful and chalk full with unaccountability. This was ON CAMERA guys. Not just any camera, but your own police dashboard camera. It really shows the low caliber starts at the top of that police department. For the sake of the public they are supposed to serve, they should all be investigated.

kristinrolfe
kristinrolfe

Get these cops removed from duty. This is completely unacceptable

Kass Stockman
Kass Stockman

I can see why the first office rushed at him if the driver had fled, because they didn't know why he was getting out of the car or if he could have a weapon. (Which he later says he did). However when the first officer got him on the ground and repeatedly tased him, and then the second office grabbed him as well, the third and fourth were not needed. So, yes. It was excessive.

Ryan Schoen
Ryan Schoen

Lawsuit looks solid! Hope those pigs lose their jobs after the department pays this man the 1/2 mil. Then we'll see how they like the authority of a rent-a-pig lol if they can even get that job. #YallAintShitButHoes&Tricks

August Johnston
August Johnston

While it's not smart to make any sudden moves, getting out of the car doesn't warrant this trained reaction. However, resisting arrest is whole nuther story. Why wouldn't he put his hands behind his back? to make a statement?

Roger Her
Roger Her

All cops are good...F that....

Lisa Andrews
Lisa Andrews

Nope. Police want to go home at the end of their shift. If you can't listen to police, move to another country and give that a whirl. Social contract. Look it up.

Matt Mortensen
Matt Mortensen

These cops definitely crossed the line and all of them should be fired. Two of them should receive jail sentences. $500,000, should be the least of there worries

Mike Ferguson
Mike Ferguson

Karel sounds correct to me. He was clearly resisting and not complying.

Jennifer Dahn
Jennifer Dahn

Nothing will happen to them. That's the sad part. They'll get paid to sit at home on their asses for a few days and then they'll be back out on the streets bullying the next minority they see, or the next homeless guy they see or just whomever they feel like. Lah-dee-dah.

Nicole Powers
Nicole Powers

Karel Schaap why don't you try putting your hands behind your back after being thrown on your face and repeatedly tased. This isn't about his choice of friends or how he lives his life. This is about officers of the law getting WAY out of hand. Watch that video again, there wasn't time for him to attempt to resist. Their behavior was disgraceful.

leemerrick
leemerrick

I hope your post advising people to refuse to pull over is meant in jest. If you're serious, it's damn stupid advice.

Failing to pull over for a police officer without contacting dispatchers to explain why you aren't is considered resisting arrest attempting to flee a police officer, both of which are crimes.  It also means they can shoot you.  I don't care how buff you are, you aren't going to stop a bullet before it hits you.  

While I am aware that there are lots of police who are power tripping, I also know there are many who are good people.  The bad ones need to have complaints put against them, so they can be weeded out.  Make the system work.  

ron.fresquez
ron.fresquez topcommenter

I believe it was Jack Nicholson who once said that if you stick a cattle prod up a Lipizzaner Stallions butt, you can make him deal cards. 

def_kev
def_kev

yeah the taser can't electrocute you to death, but hey why not just make blind assumptions.

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