‘PPRECIATE’ YOUR SERVICE NGHR [military uniforms don’t necessarily protect against abuse of authority by law enforcement.]. From [HERE] The US Court of Appeals for the Fourth Circuit court delivered a ruling on Friday that provided a partial judgment in favor of the Black and Latino Army lieutenant, Caron Nazario, who had been pepper-sprayed and handcuffed during a traffic stop by two Virginia police officers.

Nazario claimed the two police officers violated his Constitutional rights when they pepper-sprayed, handcuffed him on the ground, and threatened him. A trial court rejected Nazario’s arguments relating to excessive force, unreasonable seizure, and rights deprivation finding that the officers had probable cause because Nazario failed to comply with law enforcement. The majority predominately supported the lower court’s decision. However, it overturned the court’s granting of qualified immunity to police officer Joe Gutierrez regarding a Fourth Amendment claim for an unreasonable seizure.

“The Fourth Amendment, which is grounded in reasonableness, can be transgressed by an unwarranted threat of deadly force,” U.S. Circuit Judge Robert King wrote. “Although we may not have heretofore adopted the principle — we are satisfied that it can be unconstitutional to hold a person at prolonged gunpoint when he is compliant and presents no danger to the public or law enforcement officers”

Video footage from a December 2020 interaction showcasing an encounter between Lt. Caron Nazario and police officers that attracted attention. The officers stated that Nazario’s vehicle had been missing a rear license plate. In the lawsuit, Nazario states that the car had been purchased recently and held a temporary tag. In the video, two officers were seen pointing handguns at the uniformed lieutenant. An officer then attempts to open the car door while Nazario uses his elbow to secure it closed. The Fourth Circuit majority considered Nazario’s refusal to exit the car a disobedient act toward law enforcement.

“The orders to Nazario to step out of the vehicle were lawful because the Policemen had probable cause to stop Nazario’s vehicle for failure to clearly display a license plate,” the opinion wrote.

A jury awarded a settlement last year, resulting in a $2,685 award to Nazario in compensatory damages. The situation highlights concerns among Black drivers about police mistreatment during traffic stops.