ACLU sues Worthington over another police incident.

Byline: Barbara L. Jones

About a year ago, the American Civil Liberties Union of Minnesota settled a lawsuit with the city of Worthington over excessive force by law enforcement against Anthony Promvongsa. The city paid $60,000 and agreed to reform police procedures in incidents involving force or aggression.

Earlier this month, the ACLU again sued Worthington over an assault that put the victim, Kelvin Francisco Rodriguez, a Latino male, in intensive care for five days and required multiple surgeries. The lawsuit names the city, the police department, Police Chief Troy Appel, Officer Mark Riley and Evan Eggers, who was riding along with Riley.

The assault broke four of Rodriguez's ribs and lacerated his pancreas and liver. Rodriguez, bleeding internally, repeatedly asked for medical assistance, and his requests were ignored. When medical assistance was finally allowed, Rodriguez's injuries proved so severe that he had to be airlifted toSanford Medical in Sioux Falls, South Dakota. Heincurred medical expenses close to $150,000.

Rodriguez was driving in Worthington when he saw a police car and, as a minority fearful of police, pulled into a parking lot. Police followed him although they did not suspect him of wrongdoing. Rodriguez ran away from the car and then turned around when police came toward him. The complaint states that Eggersnot a police officer, kicked him in the back and grabbed his arm. Riley then kneed him in the back, the complaint says. Riley's knee broke four ribs and lacerated his pancreas and liver, the complaint says. Rodriguez asked to go to the hospital and police asked him why.

Settlement changes ignored

"The WPD has a reputation for excessive force," according to the Rodriguez complaint. Upon information and belief, Riley failed to observe the policy changes required by the Promvongsa settlement, including completing a use-of-force report. The complaint also states that the police department has designated use-of-force reports as internal documents, making them unavailable to the public or defense counsel.

It also states that "the WPD does not investigate allegations of excessive force, and it...

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