MIAMI (CN) - Miami police broke a man's arm and falsely prosecuted him after he refused an undercover officer's offer of prostitution, the man claims in court.
Guillermo Cuadra says he had just $3 on him when an apparent prostitute asked him, "Do you want a fuck?" as he was stopped at a traffic light.
"The plaintiff said, 'No,'" according to the complaint in Miami-Dade County Court.
Nonetheless, "the undercover officer gave another officer the takedown sign," and a cop following him turned on his lights and stopped him, Cuadra claims.
He was ordered into a motel parking lot where other police officers were dealing with other drivers. Cuadra says he thought he was being stopped for a traffic violation.
"The plaintiff obeyed the police officers' commands, exited his automobile, put his hand up, and knelt on the gravel of the parking lot," the complaint states.
Cuadra says cops pulled him out of the car, pushed his face into gravel, stepped on him and handcuffed him, then "yanked up on the left arm of the plaintiff Cuadra breaking the plaintiff's left upper arm, tearing his shoulder ligament and causing nerve damage to his elbow and hand."
"The break caused an audible snap and crack, at which time plaintiff Cuadra told the police officers, 'You broke my arm,'' the complaint states.
He says the "police officer responded, 'Fuck you ... you want a piece of this?!'"
Though he had just $3 in cash on him, Cuadra says, the city falsely charged him with "solicitation of prostitution, allegedly offering the undercover police officer $60," and falsely charged him with "resisting arrest. ... All charges were dropped."
Cuadra says the cops held him for 4 hours in a squad car, rather than taking him to a hospital, and when he complained of the excruciating pain, a copy told him, "Well, you do still have another arm."
Cuadra seeks damages for excessive force and his wife seeks damages for loss of consortium. They are represented by Frank Hollander.
The only defendant is the City of Miami.