In allowing Mayra Martinez’s lawsuit to move forward, U.S. District Judge Harvey Schlesinger was critical of the Sheriff’s Office. Schlesinger cited ten incidents of excessive force by officers since 2004, saying they “illustrate that the city repeatedly took no corrective steps to remedy the officers’ actions.”
The incident led to the termination and arrest of Borisade. He later pleaded no contest and a judge withheld adjudication, keeping the incident off his permanent criminal record.
Through her attorney, John Phillips, Martinez later filed a lawsuit naming the city, Sheriff’s Office and Borisade as defendants. The suit has been tied up in legal back-and-forth ever since. But the judge’s ruling, issued Sept. 26, means her complaint will proceed.
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