Worthington, Minnesota — The ACLU of Minnesota is suing the City of Worthington and Worthington Police Department on behalf of a Sheldon man.
According to the American Civil Liberties Union (ACLU) of Minnesota, they are suing them over an alleged assault by police that put the victim in intensive care for five days, requiring multiple surgeries.
The ACLU-MN says they filed the lawsuit Monday in U.S. District Court for the District of Minnesota against the city, its police department, Police Chief Troy Appel, Officer Mark Riley, and his friend and business partner Evan Eggers – who was doing a ride-along. The complaint alleges that police used excessive force against Kelvin Francisco Rodriguez, who according to published reports, lives in Sheldon and works for the JBS pork processing plant in Worthington.
The ACLU alleges that the assault broke four of Rodriguez’s ribs and lacerated his pancreas and liver. They say that Rodriguez, bleeding internally, repeatedly asked for medical assistance, and his requests were ignored. The suit says that when medical assistance was finally allowed, Rodriguez’s injuries proved so severe, he had to be airlifted to Sanford Medical in Sioux Falls, S.D. They say he incurred medical expenses close to $150,000.
The ACLU quotes Rodriguez as saying, “What happened to me is happening to other people, but they are silent. That’s why I’m working with the ACLU of Minnesota to file suit. As a human being, I ask that the police be held accountable for not adequately doing their job and respecting me as a human being. My wife and children saw me going in and out of life and death. I think it is fair to ask for justice. I don’t want to see the officer in uniform.”
The lawsuit alleges that the assault violated the Fourth Amendment and the delay in medical treatment violated the Fourteenth Amendment.
ACLU-MN Legal Director Teresa Nelson says, “Immigrants and people of color are too often targeted by police excessive force. We hope this lawsuit makes the city and Worthington police finally recognize and stop the use of excessive force against all people. Police are sworn to protect and serve people, not harm them, and certainly not to send them to the intensive care unit.”
The ACLU says that on January 12, 2019, Rodriguez was driving when he saw a police car. They say that fearful of how police treat immigrants and people of color in Worthington, Rodriguez pulled off the road into an auto dealership parking lot. The ACLU says, “The police followed, even though they had no reason to suspect Rodriguez of wrongdoing. Rodriguez got out and ran, fearing for his safety.” The ACLU alleges that when police activated their emergency lights, Rodriguez returned and complied with officers’ requests.
They tell us that this is the second time the ACLU-MN has sued Worthington for excessive force. Police had repeatedly punched and kneed a young man who was still seat-belted into his car. The city and Buffalo Ridge Drug Task Force agreed to reform their use of force in that settlement.
ACLU officials say that the new lawsuit points out that Worthington police seem to be violating that settlement by failing to adequately investigate or document the use of force, take action to prevent these incidents, or discipline officers for violations.
The video below is dashcam footage recorded from a Worthington Police Department Squad Car showing the January, 2012 incident. There is some coarse language contained in this video, viewer discretion is advised.
Worthington Police Department video courtesy of the ACLU-MN
