According to Moser's attorney and surveillance footage, he was in his jail cell, asking guards if he could make his one phone call to his wife so she'd know where he was. From the video, one can clearly see Moser was being compliant when the three officers entered his cell.
Moser made no attempts to fight, was standing patiently it seems, yet had been placed face forward into the back wall of his cell. All of a sudden, one of the officers grabbed Moser, turned him, and slammed him to the floor. From the video footage, it seems Moser may have made contact with a corner of the wall, which split open his forehead.
Almost instinctively, the other two police officers took a more hands-off approach and backed away, almost as if they knew their fellow officer had gone just a wee bit too far in subduing the already compliant Moser.
Kindly, the officer had enough sense to drag Moser over to the floor drain so as not to leave a massive puddle of blood on the floor to the jail cell. There, Moser stayed until EMS arrived. Deputies merely stood around and stared at the man, offering no assistance. They transported him to a local hospital where he was stitched back together using staples.
Moser's attorney, Valerie Goudie, said, "The best thing we can do is go to court and show the video...There's the permanent disfigurement, but there's other physical abuse that occurred."
According to the Hot-Springs Sentinel-Record:
Moser's complaint makes a claim against the unnamed deputies and Garland County under the federal statute that holds public officials liable for violating constitutionally-protected rights. He's also suing the deputies and the county for violating the Arkansas Civil Rights Act.Moser's case serves to illustrate no one is safe around law enforcement personnel who are often entirely unpredictable at best. Moser appears to be cooperating with the so-called authorities when he was violently slammed to the ground and knocked unconscious reportedly. At that very moment, the other two officers should have expelled the violent one, filed a misconduct report, and testified against him. No one deserves to be violated while incarcerate and handcuffed — especially by police who are sworn to protect them.
The deputies, county and the county's insurance carrier are named as defendants in the battery claim. The lawsuit was filed on the one-year anniversary of the alleged incident. State law limits the filing period for a civil battery claim to within one year of when the battery was alleged to occur.
Moser is suing for damages, including punitive damages. The public intoxication charge against him was withdrawn in January, according to court records.
As The Free Thought Project reported in July of 2016, a man named Darius Robinson, of Caddo County, OK was arrested after failing to pay child support. After several days of being in jail, Robinson suffered a manic episode, and was subdued. His neck was compressed by a corrections officer and Robinson was killed. The officer never spent one day in jail. The system has to change in favor of one which keeps inmates safe at all times.