San Bernardino County Man Kicks Out Sheriff's Car Window, Sues Over Subsequent (Alleged) Beating
His idea, however, could not have gone as planned.
For though Montalvo claims he did not try to flee or fight the officer, he is now suing San Bernardino County and several sheriff's deputies for allegedly beating him and refusing to give him medical care for several days.
According to Montalvo's federal court lawsuit, he was detained on May 9, 2009 in Victorville. After he kicked out the officer's car window, the deputy hit him with fists and a police baton.
Montalvo says he suffered permanent vision loss in his left eye and injuries to his face and teeth that kept him from being able to chew solid food for days.
Not only does Montalvo say the deputies should have resorted to a less punishing course of action when dealing with him, Montalvo also says that the deputies did not provide medical care to him for several days after arresting him.
Deputies "knew that at the time of Montalvo's detention," according to the lawsuit, "Montalvo was unable to chew solid food due to his injuries. However, [the deputies] failed to provide Montalvo with adequate soft food or liquid meals for several days" after the alleged beating.
Montalvo is claiming that the deputy used excessive force and denied him food and medical care in violation of the U.S. Constitution.