A Black man has sued Placer County, alleging sheriff’s deputies sprained his shoulder when they pulled him from his vehicle during what he claims was a racially motivated traffic stop in December.
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Omar Dushaun Smith states in his lawsuit filed in federal court last week that at about 10:30 p.m. Dec. 18, deputies pulled him over for having tinted windows and a broken third brake lamp.
Smith’s suit alleges that he told the deputies, Garret Byers and Brandon Bailey, he believed the stop was racially motivated and asked the deputies to call a supervisor. They did not, according to the suit.
The deputies found no warrants or weapons and did not issue citations for the minor violations, the suit states. Smith kept his hands on the wheel and told them he had a shoulder injury. According to the suit, the deputies then each grabbed one of his arms and pulled him out of the vehicle.
Smith was transported to the jail by the deputies, but the jail medical staff would not admit him due to the injury, the suit alleges. They took him to a hospital, where a medical professional said he had an acute shoulder sprain and prescribed medication.
“Under the totality of the circumstances, the force used was objectively unreasonable,” the suit states. “(Smith) was stopped for minor alleged equipment violations, posed no immediate threat to the safety of the deputies or others, did not flee, and did not physically resist while requesting a supervisor.”
Suit claims excessive force, unlawful arrest
Byers and Bailey did not immediately respond to an email seeking comment. Smith was charged with disobeying an officer, a misdemeanor, according to Placer Superior Court records.
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The suit claims excessive force, unlawful arrest and unlawful search and seizure — violations of the U.S. Constitution’s Fourth Amendment.
A state law requires law enforcement agencies to release video footage and disciplinary records regarding incidents in which members of the public die or endure “great bodily injury.”
The Placer County Sheriff’s Office does not consider the incident to be covered by the state law, said Lt. Richard Gray.
David Loy of the First Amendment Coalition said that sometimes sprained shoulders are legally considered “great bodily injury” and sometimes they are not.
Civil rights organizations have found that police have used minor non-moving violations such as window tinting to disproportionately search Black and brown motorists for warrants, weapons and drugs. A May ACLU report found that in 2023 and 2024, Black drivers, who make up 12% of the city’s population, made up one-third of all Sacramento police traffic stops. It also found Latino drivers made up 38% of stops for window obstruction.
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