Latino Woman Sues Paso Robles Police Officer for Excessive Force, Deprivation of Rights: Officer Pressed her face into 'Scorching Asphalt'

VIEW ARREST VIDEO HERE From [HERE] A woman who stole a bottle of water on a hot 90-plus degree day and was thrown to the baking asphalt by a Paso Robles cop, and held there as she pleaded to be moved off the pavement, still suffers from the trauma and burns two years later. [New Times] Claiming she received severe burns from being pressed into sweltering pavement by a former Paso Robles Police Department officer a San Luis Obispo woman has filed a federal lawsuit against the city and the officer, who has been mired in other controversies in recent months.

Rodi’a Monterroso-Bragg, 23, filed a lawsuit July 18 in U.S. District Court in Los Angeles against former police officer Jeffry Bromby. Monterroso-Bragg claims that Bromby used excessive force, in violation of her constitutional rights, during her arrest on July 30, 2010. She was suspected of shoplifting a $2.99 bottle of juice from Scolari’s Market in Paso Robles about 2 p.m. Monterroso-Bragg alleges Bromby held her against “scorching asphalt” for nearly 21⁄2 minutes during the arrest.

Her skin is now warped and discolored, and will likely never be normal again. Over the last year, Bragg’s been to doctors to help heal the burns she received last summer. She’s been to a therapist and was told she was exhibiting signs of anxiety, depression, and Post Traumatic Stress Disorder. She’s even trying to move out of the state because of the ordeal. Her scars are a haunting reminder of what happened on July 30, 2010, and it was all because of a stolen bottle of water.

Officer Jeffry Bromby hit the lights, blared his siren, and began splitting afternoon downtown traffic in Paso Robles. On that sunny summer day, Bromby was racing his cruiser to a grocery store on a report of a shoplifter who was being combative with employees.

This is all according to a police report Bromby filed after the incident and a video recording taken from his patrol car obtained by New Times.

Bromby charged down the center turn lane as he rushed to the call, zipping around cars, at one point appearing to almost collide with an oblivious motorist. He eventually slammed his car to a halt just in front of a scene where a few store employees and a private security guard were standing over Bragg who sat on the ground, her hands pressed in front of her, pleading to the people who caught her.

Bromby got out of his car and pulled Bragg to her feet. His first words to Bragg were that he needed to place her hands behind her back and in handcuffs.

“I need my shoes,” Bragg said as she made for the curb.

Bromby had control of Bragg, with a firm grip on her wrist restraints, but he yanked her back violently.

“You know what … you’re gonna go down again,” he said.

Seemingly without provocation, Bromby grabbed Bragg by the back of her neck and threw her to the ground. Even the onlookers appeared uncomfortable, tense and shuffling awkwardly as if they wanted to interfere but were unsure whether they could when a cop was involved.

At 6 feet tall and 200 pounds, Bromby is a solidly built man with a clean-shaven head, as well as about 7 inches and 70 pounds on Bragg, who was 21 years old at the time.

According to court records filed by Bragg’s public defender, the temperature that day hit 93 degrees. And Bromby had Bragg face down, bare armed, lying on asphalt that had been baking in the afternoon sun. Despite her asking to be let up numerous times, he held her there.

“OK, well maybe you’ll learn,” Bromby responded to Bragg’s pleas.

Bragg continued to squirm and begged to be allowed off the ground.

“Please—officer please—this is really hot,” she said.

“Well, maybe you would’ve not done what you did,” he told her.

Bragg screamed and cried out in pain, but she was held to the ground until Bromby’s backup, officer David Hernandez, arrived and helped to move her into the back of Bromby’s car. While Bromby interviewed the witnesses, Bragg sat in the car crying and moaning. Then Hernandez peered into the car to speak with her.

“Is that a burn or is that from right now?” he asked her, referring to her arms.

“That’s from right now,” she answered.

“Ouch.”

Bragg was eventually brought to the police station where her arms were treated by first responders, but only after Bromby had interviewed all witnesses. [MORE]

Bromby has been at the center of other controversies with the department.

Those include accusations he made that the city imposed ticket quotas on police officers. Bromby also was charged criminally with unlawfully accessing department records, but the District Attorney’s Office dismissed that case for insufficient evidence.

The lawsuit — which represents one side of the story — also names the city of Paso Robles and top leaders, including City Manager Jim App and former police Chief Lisa Solomon.

Bromby said Friday he hasn’t been served with Monterroso-Bragg’s lawsuit and wouldn’t comment about it. Paso Robles City Attorney Iris Yang said the city has no comment at this time about the litigation.

A video and audio recording device captured the arrest. The lawsuit cites Bromby telling her at the scene that “maybe now you will learn.”

One of Monterroso-Bragg’s two San Luis Obispo attorneys, David Vogel, said that she had no shoes after a confrontation with store security officers and was trying to retrieve her footwear when Bromby threw her to the ground.

“He’s punishing her, and that’s not the role of a police officer,” Vogel said in a telephone interview Tuesday. “Punishment is reserved for judges and juries to impose.”

Monterroso-Bragg was convicted of misdemeanor theft and disturbing the peace in San Luis Obispo Superior Court after a no-contest plea in the months following the incident.

In the video, Bromby claims she was trying to bite him. But Vogel counters that Bromby’s forearm was pushed into Monterroso-Bragg’s face and teeth.

A woman at the scene said Monterroso-Bragg was combative, but Vogel also disputes that.

“(Monterroso-Bragg) begged defendant Bromby to stop, telling him that the ground was too hot as she received excruciating burns to her left arm and burns to her hands and her right arm,” the lawsuit claims.

Bromby resigned from the department on July 30, 2011, for undisclosed reasons, according to the lawsuit. App told The Tribune the city can’t comment on the reason Bromby’s employment ended but he confirmed Bromby left on that day. Bromby had been employed by the department since 2007.