Even though a man re-injured his shoulder after Adams County deputies placed him in handcuffs, a federal judge last month decided no constitutional violation took place during the “lawful, normal arrest.”

During a late-night domestic dispute with his wife in June 2021, Gabriel Armijo destroyed his home garden and drove into a fence. Other people joined the altercation, and Armijo later admitted it was his “own fault police were called.”

When Deputies Matthew Tran and Scott Strole arrived, Armijo was calm and compliant. He notified the deputies he had shoulder surgery earlier in the month and that he could not put his hands behind his back to be handcuffed. The deputies still proceeded to handcuff him, linking two sets of cuffs to accommodate Armijo’s shoulder.

Armijo did not complain about shoulder pain and declined an offer of medical attention. The deputies transported Armijo to a police substation and then to jail, still with the double-cuff accommodation. Court records show he eventually pleaded guilty to a misdemeanor criminal mischief charge.

After his arrest, Armijo underwent imaging for his recovering shoulder. The images revealed a re-tear of his rotator cuff, necessitating further surgery. 

Armijo sued the arresting deputies and then-Sheriff Richard Reigenborn, alleging excessive force and deliberate indifference to his serious medical needs. Armijo did not argue his arrest, restraint or even the use of handcuffs amounted to a constitutional violation. Instead, the duration of the handcuffing and the way the deputies used the cuffs led to his re-injury, Armijo contended.

Adams County responded that deputies were conscious of his recovering shoulder and did what they could to accommodate him, while keeping in mind that he was the apparent perpetrator of a domestic dispute who was capable of becoming violent.

In a Dec. 13 order, U.S. Magistrate Judge S. Kato Crews sided with the deputies. Armijo experienced a “normal, lawful arrest,” Crews wrote. Further, it was not a clear constitutional violation for the deputies to accommodate Armijo’s shoulder through double-cuffing, rather than some other method.

“It is notable that Plaintiff did not complain to Defendants about any pain in his shoulder or the need for medical attention the entire time he was handcuffed and transported,” Crews elaborated. “And since Plaintiff refused medical attention when getting handcuffed and never complained about shoulder pain when wearing the handcuffs or while being transported, the Deputies had no reason to believe Plaintiff needed medical attention.”

Armijo also brought a claim under Colorado’s 2020 police accountability law, which holds officers liable for violations of rights under the state constitution. Because Crews found no federal constitutional violation, he declined to proceed with Armijo’s state law claim.

The case is Armijo v. Reigenborn et al.