$50 million lawsuit filed after Warren police officer assaults suspect during booking

WARREN, Mich. (FOX 2) - A man who was assaulted by a Warren police officer during his booking is now suing for $50 million.

Jaquwan Smith was being booked after he was arrested earlier this month. Video from inside the jail showed Officer Matthew Rodriguez, 48, knocking Smith to the ground. 

MORE: Police officer struck inmate in the head, slammed him into ground

According to Attorney James Harrington, Rodriquez allegedly told Smith, "Hurry up and take the picture you little b----," to which Smith replied, "I ain't no b----." 

The video showed Rodriquez slam Smith's head on the ground and hit him again after he was on the ground. Rodriquez then threw Smith into a cell. As he did that, Harrington alleges that he said. "Now say you're sorry."

Matthew Rodriguez

"He didn't make a complaint about any injuries, but I ordered him to the hospital that morning. He was taken to the hospital. He was cleared by hospital personnel with no injuries," Warren Police Commissioner Bill Dwyer said.

Harrington said Smith didn't suffer any broken bones but has complained about head pain, including headaches and dizziness. Harrington also alleges that Smith was in his cell for 4-5 hours before he was taken to a hospital.

"This is one of the worst cases of police brutality that I’ve seen," Harrington said.

Rodriquez was fired Monday. Last week, he was charged with assault and battery and placed on paid leave while an investigation was conducted.

He was with the department for 14 years.

Two other officers were also in the video. The lawsuit names Rodriquez, the city, and the two other officers, who are not identified.

The law firm claims the other officers present did not intervene, though they were commended by Macomb County Prosecutor Pete Lucido and Dwyer for their actions.

"The police did what they were supposed to. They had a duty to report and a duty to intervene," Lucido said during a press conference last week.

Harrington claims this is untrue.

"When I hear the word intervene, I think of somebody trying to help. I think of somebody trying to stop the violence," he said. "They never intervened. They were actors, they were part of this brutality, and they will be held responsible as well"

When asked about the lawsuit Wednesday, Dwyer said he hasn't seen it.

"While I have not seen a copy of the lawsuit. I am not sure why they were such a rush to file the lawsuit and seek money, given that Mr. Smith sustained no injuries, even though I believe that he mentioned injuries, there were no injuries," he said. "The city has retained its own attorney to respond to the lawsuit."

Dwyer also said the other officers didn't see what happened until Rodriquez was already on top of Smith because they weren't in the room when Rodriquez hit him.

"They didn't see their actual assault happened to the victim. And that's why I say they de-escalated. They did what they were trained to do," Dwyer said.