A man who was shot in the back in 2021 by a Florida police officer using his service weapon rather than a stun gun, leaving him paralyzed, has filed a federal lawsuit accusing the officer of using excessive force and carelessness. A lawsuit was submitted on Tuesday in U.S. District Court for Southern Florida alleging that Michael Ortiz, 43, who was having a mental health crisis on July 3, 2021, was left paralyzed from the waist down as a result of calling 911.
According to the lawsuit, Ortiz had taken a shower to try to relax before the firefighters came and discovered him naked. Ortiz “acted with erratic behavior and used incomprehensible and unintelligible terms in Spanish,” the lawsuit states. Also responding were three Hollywood police officers. According to the claim, they had physical control over Ortiz.
At least two officers used stun guns, and a third officer shot Ortiz, who was handcuffed, in the back, the report claims. According to the lawsuit, when Ortiz was first shot with a stun gun and later a service weapon, he was not engaging in criminal activity. A study revealed, according to Hollywood police in February 2022, that the officer who fired first intended to use his stun gun but accidentally discharged his weapon.
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“The department acknowledges this is an unfortunate situation and is doing what it can to make sure this doesn’t happen again,” police stated in a statement at the time. According to Ortiz’s claim, he did not legitimately pose a threat because he was unarmed and naked.
According to NBC Miami, lawyer Ben Crump stated at a press conference on Wednesday that Michael Ortiz requested assistance, but instead received a gunshot wound to the back. The city of Hollywood, its police and fire departments, as well as Officers Henry Andrews, Jhonny Jimenez, and Diante Roots are all named as defendants in the case.
It claims Roots shocked Ortiz with a stun gun and accuses Andrews of shooting Ortiz in the rear. A representative for the Hollywood Police Department declined to comment on the claim or the event on Thursday. According to the spokeswoman, Roots, and Jimenez are still employed by the department, while Andrews has been given desk duty.
On Thursday, a fire spokeswoman likewise declined to comment. On Thursday afternoon, it was impossible to get in touch with any of the cops listed as defendants. Additionally, the lawsuit makes claims of inadequate instruction and inaction.
The lawsuit claims that the City of Hollywood defendants failed to adequately train officers to recognize people who may be experiencing a mental health crisis and to take the necessary steps to defuse potentially explosive contacts with members of the public.
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After the shooting, according to a statement from the police, Ortiz contacted 911 to complain of chest symptoms, made suicidal remarks, and indicated he had taken drugs. According to officials, Ortiz was “naked, argumentative with the paramedics, and extremely upset” when he came out of a sixth-floor apartment. Ortiz allegedly informed police he intended to leap off a balcony.
According to NBC Miami, Ortiz, who uses a wheelchair, stated on Wednesday that his mother is his carer and that because of his physical condition, he feels like an infant. My mother is changing my diapers like I’m six months old while caring for her son who is over forty years old, my son complained.
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