Westminster police officers who hit and tased an intoxicated man in his home while his child and wife screamed for them to stop cannot be held liable for excessive force, a federal judge ruled last month.

Although Jose Sariñana Gandara’s wife originally called 911 to inquire about transporting Sariñana to a detox facility, multiple officers who did not speak Spanish entered the home and took Sariñana – who did not speak English – to the floor, using a Taser on him repeatedly. One of them later told Sariñana he was “lucky” they did not shoot him.

Sariñana ended up pleading guilty to assaulting a police officer in what his defense lawyer called a “series of misunderstandings” and what the prosecutor deemed a “very long wrestling match.”

The officers and the city of Westminster claimed they could not be held legally liable in Sariñana’s ensuing excessive force lawsuit because of a 29-year-old U.S. Supreme Court case, Heck v. Humphrey. There, the Supreme Court decided plaintiffs cannot prevail in a lawsuit if it would necessarily invalidate a criminal conviction.

U.S. Magistrate Judge S. Kato Crews agreed Heck barred Sariñana’s excessive force claims because he had admitted to assaulting an officer in his home.

“Having pleaded guilty to the crime of reckless third-degree assault, the Court finds Plaintiff posed an immediate threat to the officers’ safety as a matter of law,” Crews wrote in an April 24 order. “As a result, ‘there is no doubt the officers were justified in employing some force’ against Plaintiff to subdue him and defend themselves.”

Around midnight on Nov. 4, 2018, Araceli Sariñana Garcia called 911 to report her husband was drunk and she “would just like a phone number,” apparently for a detox facility. She added that Sariñana starts “throwing tantrums” when he is drunk. Sariñana Garcia spoke through an interpreter, and the dispatcher conveyed to officers that Sariñana “gets violent when he drinks.”

Officers Jesse Cohen and Jude Perez responded to the home and Sariñana invited them in. With neither the officers nor the Sariñanas speaking each other’s language, Sariñana allegedly resisted Cohen’s attempt to pat him down for weapons. Quickly, the physical encounter escalated.

The Westminster officers were not wearing body-worn cameras, but Sariñana Garcia began recording on her cell phone. She captured the officers taking her husband to the ground and striking him repeatedly with a Taser. Sariñana Garcia and her 11-year-old son screamed for the officers to stop, and Sariñana’s cousin attempted to intervene.

“Then don’t call the police,” one officer shouted at the crying family as Sariñana was placed in handcuffs.

“You’re lucky you didn’t get shot,” the unidentified officer also yelled at Sariñana. Translating for his mother, Sariñana Garcia’s son said she “didn’t want him to get arrested. … We were OK. Everything was just fine.”

In Adams County District Court, Sariñana pleaded guilty to misdemeanor assault on Cohen. Sariñana’s attorney admitted that “a large part of this case is a series of misunderstandings” given the language barrier. Prosecutor Ashley Munoz characterized the encounter as “a very long wrestling match in the defendant’s living room,” with the officers “doing their best” to avoid escalation.

Sariñana then filed a lawsuit claiming excessive force. He pointed out Westminster police have a history of alleged physical violence, including against children and those in custody.

“Although Mr. Sariñana’s swings and grab at Defendant Cohen ultimately resulted in a plea of guilty for the assault of Defendant Cohen,” wrote attorney Olivia Kohrs, “the Defendant Officers used more force than was necessary to take control over Mr. Sariñana who was intoxicated, disoriented, and largely just trying to figure out what was going on and how his evening took such a violent turn.”

Lawyers for the defendants responded that in the last 20 years, “no civil judgment has entered against the City” for excessive force – an assertion that omits the multiple settlements Westminster has approved for such lawsuits. They also cited the Heck decision as grounds for dismissing Sariñana’s lawsuit against Cohen, Perez and Officer Joshua Berzanji.

“Because Plaintiff’s theory of his claim is inconsistent with his criminal conviction, Plaintiff’s claims against Officers Cohen, Perez, and Berzanji are barred,” the defendants argued.

Crews agreed with the defendants. Given that Sariñana pleaded guilty to assault, it would run contrary to his conviction if the defendants were found liable for using force on a man who, according to his allegations, had done nothing wrong.

“Plaintiff’s additional assertion that he was merely defending himself against the officers’ use of force would also undermine the legality of his conviction,” Crews added.

The case is Sariñana v. City of Westminster et al.