A Silver Spring man is suing a Montgomery County police officer who kneed him in the back of his head and neck nearly a year ago during an undercover drug operation while the man was face down on the ground.
Arnaldo Pesoa, 20, alleges in the lawsuit that Officer Kevin Moris used “excessive force” when he kneed Pesoa on July 3, 2019, during an arrest outside an Aspen Hill McDonald’s.
Additionally, Pesoa is seeking an injunction against the county that bans the use of “knee strikes” in a person’s neck area, according to court documents obtained by Bethesda Beat.
Police said last summer that they were arresting Pesoa for selling psilocybin mushrooms — a type of drug that can cause hallucinations. A video posted to Twitter shows Moris trying to handcuff Pesoa, who is lying on the ground. Moris is then seen using his knee to strike Pesoa, whose face appears bloody. Multiple officers were at the scene.
Following the confrontation, the Montgomery County State’s Attorney’s Office charged Moris, 32, with second-degree assault and misconduct in office. On Dec. 12, following a trial, a jury convicted Moris of the assault charge, but acquitted him of the misconduct charge.
Moris was scheduled to be sentenced in March, but the hearing has been delayed because of the COVID-19 health crisis. Courts in the county started reopening for more hearings this week.
During the criminal trial in December, prosecutors argued that Moris could have used less violent tactics in restraining Pesoa.
Moris’s defense attorney, Morgan Leigh, argued that Moris used the knee strike to prevent contact with Pesoa’s bloody saliva. Moris testified during the trial that exposure to blood is a hazard due to the possibility of infectious disease.
In the civil suit, which was filed last week in circuit court, Pesoa argues that the full force of Moris’s knee landing on his head and neck could have caused life-threatening injuries.
“This use of force is life threatening because it can potentially block the suspects’ airways and ability to breathe, and potentially cause a broken neck and paralysis,” documents state.
Documents also state that Pesoa suffered a concussion and “extensive lacerations,” in addition to severe bleeding.
The lawsuit alleges two counts of excessive force in violation of the Maryland Declaration of Rights, as well as two counts of unconstitutional policy of authorization of the use of force near a restrained person’s airways. The lawsuit also includes one count each of battery and assault.
Pesoa is being represented by Timothy Maloney and James Cleaver, of separate law firms in Prince George’s County. They have requested a jury trial in their complaint.
The Washington Post first reported Pesoa’s lawsuit last week. Leigh told The Post that she thinks the timing of the lawsuit was intentional to coincide with outrage over the death of George Floyd.
Floyd, a 46-year-old black man in Minneapolis, died on May 25 after a white police officer, Derek Chauvin, pinned him to the ground. A video taken by a bystander shows Chauvin pressing his knee into Floyd’s throat for nearly nine minutes. Floyd was taken to the hospital and pronounced dead.
Chauvin has been charged with second-degree murder, and three other officers who were at the scene have also been charged. All four officers have been fired.
Leigh, of the Chevy Chase firm ScrofanoLaw, declined to speak to Bethesda Beat on Tuesday afternoon, a representative of the firm said.
Montgomery County Attorney Marc Hansen, who is named in the suit, could not be reached for comment Monday or Tuesday.
Barry Hudson, a spokesman for the county, wrote in an email Tuesday afternoon that the county had not yet received the complaint and “will not be able to address any specifics presented in the lawsuit at this time.”
Dan Schere can be reached at daniel.schere@moco360.media