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Lawsuit alleges CSPD officers used excessive force against 17-year-old in 2020 incident

Outside Colorado Springs Police Operations Center
Posted at 2:22 PM, Oct 17, 2022
and last updated 2022-10-18 10:49:49-04

COLORADO SPRINGS — A lawsuit has been filed against three Colorado Springs Police Officers after a 17-year-old was handcuffed and pepper sprayed while in the back of a police vehicle.

The lawsuit alleges that the incident occurred on Oct. 17, 2020, after a 17-year-old got into a verbal, non-physical argument with their partner when a bystander saw and reported the incident.

When officers Ryan Yoshimiya and Brianna Ragsdale arrived on the scene and questioned the 17-year-old, the student refused to answer the questions and put her hands behind her back to be handcuffed.

Once handcuffed, the 17-year-old was forcefully put on the asphalt and placed in the back seat of the police vehicle.

According to court documents, the 17-year-old repeated they were a minor and needed to talk to their mother. While handcuffed in the vehicle, officer Gregory Wilhelmi sprayed the 17-year-old with pepper spray, twice.

Officers Wilhelmi and Yoshimiya proceeded to close the car doors leaving the 17-year-old to sit in a fog of pepper spray.

The lawsuit alleges that officers used excessive force during the arrest.

In a statement from CSPD, the department said, "As this is a matter that has not been adjudicated, we are unable to provide a comment on pending litigation."

The lawsuit is asking for the following:

  • Actual economic damages as established in a trial
  • Compensatory damages that include, but are not limited to, those for past and future pecuniary and non-pecuniary losses, physical and mental pain, humiliation, fear, anxiety, loss of enjoyment of life, loss of liberty, privacy, and sense of security and individual dignity, and other non-pecuniary losses
  • Issuance of an Order mandating appropriate equitable relief, including but not limited to:
    • Formal written apology from each officer
    • Imposition of policy change and mandatory training to prevent future incidents
    • Disciplinary action against appropriate employees

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