Miami Woman, Dyma Loving, Files Lawsuit Against Miami-Dade PD & 2 Officers Who Allegedly Assaulted Her
MIAMI (CBSMiami) - A Miami woman who says she was violently attacked by two Miami-Dade police officers during her arrest has filed a federal civil rights lawsuit against the Miami-Dade Police Department and the officers involved.
Lawyers for Dyma Loving, say she was assaulted by the two officers after she called 911 for help when another man, Frank Tumm, threatened her with a gun. He allegedly said he would "shoot [her] burnt black-ass face off [her] neck," as she and a friend walked by Tumm's home in the 1300 block of SW 201st Street on March 5.
After calling police to report this incident, a group of Miami-Dade police officers, including Alejandro Giraldo and J.F. Calderon arrived at the scene.
Loving claims that instead of receiving protection from the police, she was instead assaulted by Giraldo and Calderon.
Among the claims brought forward in Loving's suit are false arrest and false imprisonment, malicious prosecution, battery, deprivation of civil rights by excessive use of force, and negligent hiring and retention.
Giraldo has since been suspended. The entire incident was caught on cellphone video and the video went viral.
Later, the officer's body cam footage was also released.
Loving previously told CBS4's Peter D'Oench, "There is no way this should've happened to me. The officers went too far and I was injured in the process. There was no reason to touch me like this and to drag me down. I am hurting as a result of what happen and life will never be the same. They definitely went too far. The way they handled this."
Giraldo's body cam video shows the moments before Loving's arrest.
On the body cam video, Loving is repeatedly told by Miami-Dade police officers to calm down. "You need to chill out," says one officer. "You need to chill out because now you can be arrested. You are being disorderly right now and you can be arrested. I am going to give you one more chance."
Loving says she is "calm" and says, "I just want to go to talk to my kids." Then you hear her repeatedly screaming on the tape, "Don't touch me. Don't touch me. Don't touch me." And you see a different angle on how she is taken down to the ground.
"Why am I going to be arrested when I was just threatened and I need to talk to my daughter on the phone?" She asks.
Loving was arrested and charged with resisting arrest without violence and disorderly conduct but those charges have since been dropped.
The body cam video also shows a very brief interview with Tumm who is asked about what he heard and saw but is not questioned about allegedly brandishing a weapon.
In response to inquiries regarding the lawsuits, Miami-Dade Police Director J. Perez has provided the following statement:
"Although I am not able to comment on any allegations involving the Miami-Dade Police Department that may be pending litigation, I can assure the community that the MDPD remains committed to the highest performance standards, ethical conduct and truthfulness in all relationships. We strive daily to practice our core values of Integrity, Respect, Service, and Fairness, which includes treating all persons in a dignified and courteous manner, and exhibiting understanding of ethnic and cultural diversity. This is demonstrated by the fact that beginning in 2015, we proactively initiated training on the topic of Fair and Impartial Policing for our officers, implemented a comprehensive body-worn camera program in 2016, and continuously partner with various community groups, all in an effort to foster trust and understanding between community and police, and these are just to name a few."
"While I acknowledge that a few incidents such as those recently highlighted may negatively affect the public's perception, what is often overlooked, unfortunately, is the vast amounts of positive interactions that our officers have with the public we serve on a daily basis while doing a very difficult job. We are a resource for our community; if and when we ever fall short of our mission, we hold ourselves accountable because we are a professional law enforcement organization."
