DeleteLawZ Lawsuit Claims Disputed by Police Footage

Jose “Chille” DeCastro’s latest lawsuit was revealed on Monday to focus on a 2023 incident in Nevada where he was pulled over after doing an illegal U-Turn but may be doomed from the start as almost all of his claims are contradicted by bodycam footage of the incident that has been public for nearly two years.

DeCastro wrote in his complaint:

On November 22, 2023 (Thanksgiving weekend), Plaintiff was traveling northbound on Interstate-15 toward Las Vegas, Nevada, operating a gray Honda Odyssey.

Plaintiff observed multiple Nevada Highway Patrol motorcycle officers conducting traffic enforcement in what appeared to be a revenue-focused operation during a holiday travel period.

Plaintiff pulled over and approached officers to express his opinion that such enforcement during Thanksgiving weekend was inappropriate and harmful to families attempting to travel.

Plaintiffs initial comments, while critical, were non-violent verbal expression of political opinion about government conduct.

An officer warned Plaintiff about turning around in an area marked “authorized vehicles only.”

Plaintiff argued with the officers about the propriety of their enforcement activities, invoking case law and asserting his rights as a member of the press.

The exchange escalated. Plaintiff used profane language and strong criticism of the officers’ conduct.

Plaintiff acknowledges that his language became confrontational and included profanity. However, Plaintiff at no time:

• Made physical threats or threatening gestures;
• Attempted to physically interfere with any arrest or investigation;
• Blocked traffic or created a safety hazard beyond his verbal criticism;
• Attempted to flee or physically resist officers.

Shortly after this exchange, an officer initiated a traffic stop of Plaintiffs vehicle, citing an alleged illegal U-turn.

Upon approach to Plaintiffs vehicle, the confrontational verbal exchange continued, with Plaintiff using profane language to express his view that the stop was retaliatory and improper.

Multiple additional officers arrived on scene-ultimately totaling approximately eight (8) motorcycle-unit personnel. This massive response to an alleged traffic violation is consistent with Defendants’ recognition of Plaintiffs identity as a prominent police accountability journalist.

Plaintiff was ordered from his vehicle.

Plaintiff was placed in handcuffs that were applied extremely tightly to his wrists-what the civil rights community refers to as “torture cuffs,” meaning handcuffs applied with unnecessary tightness causing continuous pain, impairment, or injury, beyond what is needed to prevent escape.

The handcuffs were applied with such force and tightness that they caused immediate, severe pain.

Plaintiff was detained in these torture cuffs for approximately twenty to thirty minutes or longer.

Every second that Plaintiff was restrained in the torture cuffs was painful and constituted ongoing physical torment.

During this detention, the superv1smg officer stated that a computer system or database indicated Plaintiff had “abrupt tendencies of violence.”

Multiple officers referenced or appeared to rely upon this alleged database entry in justifying the extended multi-officer response and the use of torture cuffs.

Plaintiff has no criminal history of violence.

Plaintiff has no documented history of violent behavior toward law enforcement. 

DeCastro’s account differs greatly from the bodycam footage released of the incident and provided by the Public Documents of Chille DeCastro website.

https://thepublicdocuments.com/federal/2-25-cv-02331

The audio enhanced version of the bodycam video shows that DeCastro had parked his mini-van in an area marked “no-U-Turns” and is yelling at officers as the video begins. He then pulls through the area and performs a U-Turn in front of the officers, resulting in his pullover.

DeCastro immediately pulls over to the shoulder of the road before the officers can react, then gets out of his car and exposes his chest and nipples to the officers in an apparent attempt to show that he is unarmed.

When asked for his driver’s license and registration, he tells the officer to “suck my dick” but said he’ll get it for the officer. DeCastro continues to insult the officer, demanding a de-escalation then delays handing his license and registration to the officer as he is delivering more insults.

The officer tells his partner to call a sergeant when DeCastro identifies himself as a journalist. DeCastro then objects to the officers being physically close to him and says “You two boys ain’t enough, okay, you would need help. So back the fuck off of me.”

Asked if that was a threat, DeCastro says no and that he did not use “fighting words.” He is then directed to have a seat in his car for his own safety from on-coming traffic and refuses to do so.

Two more motorcycle units have arrived on the scene as the officer walks back to his motorcycle to run DeCastro’s license.

After a cut, the original officer is speaking with another officer about how DeCastro’s license plate is currently suspended. The officers discuss DeCastro’s photocopy of his ID that he presented and if DeCastro is a “borderline sovereign.”

No mention is made of his status as a “journalist.”

The original officer explains to the second officer that the incident originated with DeCastro approaching the officer wanting to have a debate about the morality of giving tickets to drivers who were only trying to get home to their families for the Thanksgiving holiday.

According to the officer, DeCastro then stated that he wanted to do a U-Turn and was told not to.

The second officer indicated that DeCastro was “baiting” the officers and there really wasn’t a point in engaging in a debate when an alert popped up on the first officer’s computer screen indicating that DeCastro had “violent tendencies.” The second officer incorrectly attributes the notation to “Lawrence, Colorado.”

DeCastro is then detained under orders of the first officer.

After a jump cut, a Sergent is now on the scene, and the first officer explains the situation. He said that DeCastro was attempting to bait the officers and had pulled over and gotten out of his car on the shoulder before the officer could properly react to his performance of an illegal U-Turn.

The officers then clarify that the warning was out of Lawrence, Ohio, and he has suspended plates and a warrant out of Ohio for contempt of court. DeCastro’s license in Nevada was noted as suspended or forfeited, while his California license was valid.

A decision is made just to give DeCastro tickets for the incident. Five total police officers were on scene.

While the first officer printed DeCastro’s tickets, two officers discuss DeCastro’s statements that he is “nationally known,” that he would be suing the officers and that he works out every day and could “take” the officers.

According to the timestamp on the video, the order to detain DeCastro was made at T19:06:32. DeCastro is observed out of handcuffs at timestamp T19:14:48.

DeCastro the claims on the video that he was pulled over for addressing the officers. The original officer corrects him and clearly stated that he was pulled over for performing the illegal U-Turn.

The original officer informs DeCastro that he has a warrant out of Ohio and he was detained for having “violent tendencies.” DeCastro is denied when he demands to see the warning as he’s not authorized to access the system.

DeCastro is then informed that “the reporting agency” put the notice into the computer, with the Sergeant clarifying that it was “Ohio.” DeCastro is clearly filming on his phone at the time of this notification.

In his complaint, DeCastro names eight “John Doe” police officers who he says were on the scene of the incident, along with a “John Doe Supervising Officer.” He also names 11 “John Doe State Actors” who were responsible for creating “the alleged false database entry indicating Plaintiff has abrupt tendencies of violence.”

He also claims that the stop was retaliatory, that he is a nationally known journalist, excessive force was used and that police “confiscated his recording device” by taking his phone out of his hand when he was handcuffed.

DeCastro is seeking:

1. Enter judgment in favor of Plaintiff on all counts;
2. Enter a declaratory judgment that:
3. The database entry indicating Plaintiff has “abrupt tendencies of violence” is false, retaliatory, and violates the Fourteenth Amendment;
4. Defendants violated Plaintiffs Fourth Amendment rights through use of torture cuffs;
5. Defendants violated Plaintiffs First Amendment rights through retaliation;
6. Enter injunctive relief requiring:
7. Removal or correction of the false database entry;
8. Disclosure of the entry’s complete source, including:
9. The specific law enforcement agency that created the entry;
10. The identity of the individual who created the entry;
11. The date of creation;
12. The purported factual basis or justification;
13. Complete audit trail of all access and modifications;
14. Notice to all agencies to which the false information was disseminated;
15. Implementation of due process procedures for individuals to challenge false NCIC entries;
16. Award compensatory damages in an amount to be proven at trial;
17. Award punitive damages against individual defendants in their personal capacities;
18. Award attorney’s fees and costs pursuant to 42 U.S.C. § 1988;
19. Award pre-judgment and post-judgment interest as allowed by law;
20. Grant such other and further relief as the Court deems just and proper.

This is a breaking news story.