By Hank Tester

MIAMI (CBSMiami) – A South Florida man has filed a lawsuit against the Miami Police Department after he said he was roughed up by officer Loannys Llanes, in December 2018, while he was sitting at a park bench.

On Thursday, Army veteran Oscar Riou, 63, and his lawyer held a news conference on the Civilian Investigative Panel’s final ruling in his case.

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Attorney Rawsi Williams says her client sustained, excessive and unnecessary force. Says, he also sustained, false arrest, sustained misconduct, upgraded from the improper procedure.

Riou says he was recording his memoirs into his cell phone while sitting in the dark at Alonzo Kelly Park when he says he was approached by officer Llanes.

The video is dark but the sound is clear:

Llanes says: “You have nothing in that hand?”
Riou says: “No that’s my camera. That’s my camera… why are you doing this to me?”

Riou ended up on the ground as officers searched for what is claimed he threw away. Nothing was found.

“I’ll bring out my ID. I will show you,” Riou said.

The city of Miami civilian investigative panel was highly critical of officer Llanes’s actions.

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South Miami-Dade NAACP President Dwight Bullard \says, “What we called for months ago and continue to call for is the firing of officer Llanes from the force.”

Riou lives across the street from the park.

“My soul went out and it got stomped in the ground,” Riou said. “My blood is crying out to build a better community. I have nothing else to say now. That’s it.”

The lawsuit targeting Miami Mayor Francis Suarez and the police chief is underway. Riou’s lawyer says paperwork and notices have been sent.

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“I am coming legally. Holding you accountable towards us. Our Black lives do matter, I say, they do, they do,” Williams says.

CBS4 contacted the Miami Police Department, but they said they could not comment on pending legal matters.

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Officer Llanes remains on the job despite calls from the NAACP that he be fired.