LOUISVILLE, Ky. (WDRB) -- A Louisville man claims a Jeffersontown police officer "aggressively confronted" him while he recorded what he thought was a traffic stop, then "sucker punched" and improperly detained and charged him, according to a lawsuit filed Monday.
Joseph Bennett "posed no threat and there was no need for physical force" by Officer Manuel Cruz, according to the suit that also claims Bennett's First Amendment rights were violated. "Cruz's conduct demonstrated an utter disregard for basic human rights."
Injuries Joseph Bennett says he sustained after he was "sucker punched" by Jeffersontown Police officer Manuel Cruz.
In addition, the lawsuit in Jefferson Circuit Court claims Cruz had a "known history of violent police behavior" before the November 24 incident, which gained national attention after Bennett's video went viral.
This allegation contradicts statements made about Cruz last Friday by Jeffersontown Police Chief Rick Sanders, who told reporters that while Cruz could have handled the situation better, he was a good officer with an "unblemished record."
The lawsuit, however, claims Cruz has a "history of excessive force and anger issues," including tasing a man and causing him to fall and eventually die from his injuries two years ago. Police said the man was armed with a knife and the department concluded Cruz's actions were appropriate.
In addition, the lawsuit says Cruz had a "cloudy tenure" with Kentucky State Police, where it was "ultimately determined that he was no longer fit to be a member."
And just four days prior to his confrontation with Bennett, a grievance was filed by another officer with a different department claiming Cruz threatened to "punch the officer in the face," the suit claims.
A court document says the other officer works for the Hillview Police Department in Bullitt County.
That complaint is not in Cruz's personnel file, according to the suit filed by attorney Sam Aguiar. WDRB News has requested Cruz's personnel file under Kentucky's open records act.
Sanders said Monday he wasn't aware of any issues Cruz had with Kentucky State Police and today is the first he has heard of any allegation from a Hillview officer.
As for the lawsuit, Sanders said he could not comment on pending litigation.
On Friday, the chief repeatedly praised Cruz's 17-year career as an officer as well as his time in the military, calling him a "patriot" who has done a "lot of good things for this city and this country."
The chief did say an initial investigation showed Cruz needs additional de-escalation training and he should have handled the November incident differently, including telling Cruz why he wanted to see his identification.
But Sanders said it was "not a First Amendment issue" and that police mistakenly believed Bennett was involved in a multi-state check cashing scheme they were investigating.
And while Jefferson County prosecutors have dropped resisting arrest and menacing charges against Bennett, Sanders has shifted some of the blame onto Bennett for refusing to show his identification to Cruz.
"Had (Bennett) just given his ID to Officer Cruz, we wouldn't be here today," Sanders said Friday. "... Even though he didn't have to, had he just done what Officer Cruz asked and produced an ID, we wouldn't be here. And I think that's important to discuss as well."
Sanders acknowledged that Bennett was not required by law to show his ID to police in that situation.
An internal investigation as to whether Cruz violated any department procedures is ongoing. He is on paid administrative leave.
The Jefferson County Attorney's office will make the final decision on whether criminal charges should be filed against Cruz. Sanders said the FBI is also investigating the case as to whether there were any civil rights violations committed.
Aguiar said in a statement that while he and Bennett "appreciated some of what Chief Sanders had to say during his press conference ... it seemed fairly apparent that there is not going to be a sufficient level of accountability in relation to Officer Cruz's actions."
And as for Cruz having an "unblemished" record, "we have several concerns regarding incidents which apparently did not make it into his personnel file," Aguiar said.
Bennett was driving by the McDonald's off Blankenbaker Parkway in Jeffersontown when he noticed a large police situation.
Bennett "had no intentions of disturbing" officers as he recorded a Facebook Live video of police from a parking lot across from a bank and was "merely a concerned citizen in a city which had undergone months of tense situations between police and the public," Aguiar wrote in the suit.
Aguiar represented the family of Breonna Taylor in a wrongful death lawsuit in which the city paid $12 million to settle in September, six months after the 26-year-old was shot by Louisville Metro Police officers during a March 13 raid of her apartment.
"Given the current climate that we live in, I was inclined to pull over, to observe as a citizen," Bennett told WDRB News last month. "That's what we should do."
Sanders said an officer on the scene pointed to Bennett -- who was about 100 feet away from the arrests -- and told Cruz he was also involved, accusing him of dropping off the suspects. This was false.
Cruz and Officer Eddie Wescott approached Bennett. Cruz asked for Bennett's ID and said it was because he was "filming a crime scene investigation" and Bennett was "involved." Wescott is not named in the suit.
Bennett refused to show his ID, stating he was simply filming in public.
"I'm not involved with anything," he told police, again declining to show them his identification, according to body cam video made public Friday.
Cruz then "sucker punched" Bennett and "took him to the ground," according to the suit, which includes a picture of Bennett with what appears to be a swollen, black eye.
"Cruz interacted with Mr. Bennett for a total of less than 20 seconds before sucker punching him," the suit says. "Throughout that time period, Mr. Bennett never threatened Cruz, never posed any risk of flight, never acted aggressively and never acted in any manner which would justify the use of physical force."
The police citation claims Bennett "tensed up and started to pull away" so Cruz "delivered one empty hand strike" to him and took Bennett to the ground.
Cruz did not tell Bennett why he wanted to see his identification or that he was placing him under arrest.
Sanders said Bennett did not resist arrest and he worked with the Jefferson County Attorney's Office to dismiss the charges. The case was dismissed on December 3, according to court records.
Cruz could not immediately be reached for comment.
The lawsuit is seeking unspecified monetary damages and a jury trial.
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