Charles Kinsey, the Black therapist who was shot by a Flordia cop last month, filed a federal lawsuit against the officer alleging his civil rights were violated. Atlanta Black Star reported Kinsey was lying on his back with his arms up next to his autistic patient in North Miami July 18 when he was shot. The 47-year-old was attempting to subdue Arnold Rios, his 27-year-old patient who held a toy truck. Officers initially believed the toy was a gun.
Miami New Times obtained Kinsey’s suit filed Wednesday. It accuses the shooter, Officer Jonathan Aledda, and other police of wrongful arrest, use of excessive force and initiating false arrest.
“Officer Aledda violated Mr. Kinsey’s clearly established Fourth Amendment right to be free from excessive force during police seizures when he shot Mr. Kinsey in the leg,” the documents read.
It continues, “Several officers, including Officer Aledda, immediately retrieved assault rifles from the trunks of their cars and approached Mr. Kinsey in a military-style formation.”
The complaint also says that Aledda and other officers on the scene did not provide aid to stop Kinsey from bleeding once he was hit. This continued after he announced Rios held a toy vehicle and officials found no gun on site.
“All officers, including Officer Aledda, were close enough in proximity to hear Mr. Kinsey’s statements,” the suit read. “And one officer even announced over the police radio, ‘It’s a toy truck, he’s saying it’s a toy truck.’ By failing to render aid, Officer Aledda allowed Mr. Kinsey to unnecessarily bleed out on the ground for a significant period of time, which further exasperated Mr. Kinsey’s recovery time for his injuries.”
A 911 call also verifies the truck was misidentified as a gun. A woman told the operator that Rios – who she described as a “mentally ill person” – had what looked like a gun to his head as Kinsey attempted to help him.
Additionally, the complaint alleges that after Kinsey was shot, Aledda rolled him over and handcuffed him. The cuffs were so tight that one of his hands lost circulation.
Kinsey, who was shot at three times and struck once in the leg, seeks a jury trial, undisclosed monetary damages and any other fees owed to the physical, emotional and mental distress caused by the incident.