I'm not playing got comply the Canton Police Department has released body cam footage showing officer Brandon mov kicking 21-year-old jir melroy while melroy was kneeling with his hands up my brother like that bro not we a do nothing we live out here bro why you kick my brother like that that's crazy how many time how many times did I tell you get on the ground that was right you guys don't want to listen that's fine then don't be surprised when we put our hands on was that a violation of the Constitution what he did were there any consequences for the officer this is disgusting this is disgusting what I just saw was Renegade Rogue gang style policing gratuitous violence inflicted upon an incapacitated detainee constitutes an excessive use of force even if the injuries suffered are not substantial many of you have discovered that it can be nearly impossible to find a civil rights lawyer although I get calls from all around the country every day I'm only one person and I only take specific types of cases and only in West Virginia the good news is is that if you need a lawyer because you've been injured you can hire America's largest injury Law Firm no matter what state you're in Morgan and Morgan has over 1,000 attorneys in all 50 states because they're the biggest they have the ability not to settle for lowball offers last year in Florida they got a victim who was in life altering car crash $12.2 million the insurance only offered them 350 Grand they got another victim in New York $6.8 million the insurance only offer the victim 275 Grand best part their service is free unless you win it only takes a few minutes to see if you have a case you can submit a claim and communicate with your legal Team all from your smartphone if you've been seriously injured it will only take a couple of minutes to start a claim with Morgan and Morgan at forthepeople.com thee Civil Right lawyer found in the description below in a press release issued Monday afternoon the Canton Police said that officers were called to this area after someone reported an argument involving 10 to 15 people and they say that multiple individuals fled once law enforcement arrived however others were located and then ordered to the ground stop get on the ground get on the ground one person running towards 19th Street there has a gun in his right hand right hand one of those susp was mckelroy whom the department admits appeared to be complying before he was kicked by the officer melroy and two other men were arrested with police saying two handguns and a backpack containing quote a large amount of marijuana were recovered from the scene and it's not clear who possessed those items this is what the body cam footage shows following a brief chase after a suspect who was accused of carrying a gun an officer comes across McElroy and four others in a parking lot the officer shouts for them to stop walking and then calls for backup over his radio 239 I got five a gunpoint in this parking lot not really complying I could use more units get on the ground right now that request prompts officer mov to begin running to the area by the time he arrives body cam shows four of the men are already lying on the ground Mikel Roy is on his knees with his hands up when officer mov runs right for him and kicks him I'm not playing that's why you got to comply why my brother like that bro he's not complying Dam bro that's we a do nothing we live out here bro I live right there right there how you going to arrest anybody have eyes on jump make it the 19 buker down over here take your knees this way I'll move your butt there you go ready want you guys are on your own right now we got a to where so why we getting in trouble now get you had to hang up with my mom like that though that moment surprised the others on the ground and it also surprised Mikel Roy's attorney Bobby Dello when the TV news showed him in and filmed him watching this body cam footage for the first time and listening to the officer's explanation this is disgusting this is disgusting what I just saw was Renegade Rogue gang style policing after the suspects are placed in handcuffs officer mamurov is again questioned about why he kicked Miguel Roy why you kick my brother that's crazy how many time how many times did I tell you on ground that was right I don't know tell you hey but that was it though it's something malicious just get them on the ground how many times someone have to tell you get on the ground you know you guys don't want to listen that's fine then don't be surprised when we put our hands on I'm don't be surprised your hands on your family or your folks or your friends okay I was talking to him oh okay my bad I apologize I didn't mean to interrupt youy one of the sh Mel Roy has since been charged charged with obstruction and resisting arrest despite authorities saying that he was complying with the officer's orders as far as constitutional violations goes this does seem like a pretty easy case Canton is in the sixth circuit because it's in Ohio so I took a look at six circuit case law just to be sure and it's very very clear there gratuitous violence inflicted upon an incapacitated detainee constitutes an excessive use of force even if the injuries suffered are not substantial and that's as a matter of law in the sixth circuit for instance in the pigrum case from 2006 it was alleged that the defendant police officer slapped a handcuffed plff in the face because the man was being unruly and had a quote smartass mouth finding the officer's conduct to be unreasonable under the fourth amendment that case emphasized that a slap to the face of a handcuffed suspect even a verbally unru Ry suspect is not a reasonable means of achieving anything more than perhaps further antagonizing or humiliating the suspect the court reached that conclusion not withstanding the relatively minimal use of force that was applied in that case a slap in the face and the lack of any resulting injury from it in another six circuit case the Morrison case from 2009 it was alleged that the police officer applied force to This Woman's head it was alleged that the officer repeatedly pushed this woman's face to the ground every time she attempted to speak while she was already handcuffed lying down in compliant with the officer's commands the Court held that a reasonable officer would not have felt a threat to officer safety under those circumstances and that the officer's Behavior represented a sort of gratuitous violence which the court has many times found to be unconstitutional such antagonizing and humiliating conduct is unreasonable under the Fourth Amendment m m regardless of the existence of any injury it crosses the line into physical abuse of an incapacitated suspect moreover since these cases even the ones that I cited go back to 2006 2009 it's highly unlikely that the police officer here if sued for violation of the Fourth Amendment would be granted qualified immunity because this this was clearly in violation of well pre-existing six circuit case law which is controlling in Canton Ohio here it was very clear that the individual who was kicked by the officer had his hands up and he was 100% compliant the other officers at the scene were aware of that fact and they were not taking any action in regards to this individual but the officer just comes running in and engages in this gratuitous use of violence just to humiliate just to physically abuse this individual has there been any accountability yet for this police officer well a spokesman for the Canon Police Department told the TV news that officer mamurov is currently working in a restricted capacity while the incident is under review so if these are your public servants you need to stay on top of them and make sure that they adequately review this and that ultimately they hold this police officer accountable I'll put all of the Canton police contact information in the first pinned comment below so thanks for watching please subscribe both here and at the blog at the Civil Rights lawyer.com follow me on Twitter at John Brian Esq remember our rights don't end where your fear begins freedom is scary deal with it