UPDATE: City of Red Bank cited in federal lawsuit for excessive - WRCBtv.com | Chattanooga News, Weather & Sports

UPDATE: City of Red Bank cited in federal lawsuit for excessive force

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Candido Resendiz Candido Resendiz
RED BANK, TN (WRCB) -

UPDATE: The City of Red Bank is cited in a federal lawsuit, alongside a police supervisor, and a former officer.

Attorneys representing a man who was beaten by the former officer filed the paperwork Tuesday evening.

This all stems from the dash cam video from a traffic stop in April of 2014. A separate lawsuit had already been filed solely against Officer Mark Kaylor, he was indicted by a grand jury in March, on charges of aggravated assault, reckless endangerment, and official misconduct. Kaylor resigned from the department.

"Why is his attorney in Nashville sending a copy of a lawsuit to Channel 3 and not serving Kaylor or his lawyer," said Lee Davis, Kaylor's Lawyer.

Davis says the latest suit against his client, Mark Kaylor, is all in attempt to get one thing: "As I've suspected for quite some time, I believe this is about money for Mr. Medina," said Davis.

The lawsuit filed Tuesday evening says that excessive force was used on Candido Medina-Resendiz by Kaylor and his supervisor at the time of the incident, Leigh Taylor Noorbergen.

"When he gave a statement to internal affairs he had no complaints with Leigh Noorbergen or any other officer,” said Davis.

The suit also named the City of Red Bank, alleging Mr. Medina's injuries were the result of the City of Red Bank's municipal policy, practice, and custom of recklessly hiring officers with prior episodes of misconduct at other law enforcement agencies, failing to meaningfully investigate allegations of constitutional violations by its officers, and ratifying unconstitutional actions by its officers.

We spoke to Medina's attorney, Andrew Free, who said "This is the next step in what we hope will lead to Medina-Resendiz having his day in court and obtaining justice and accountability for what happened last April."

Davis says he believes it's just a ploy for Medina to stay in the states. "The Department of Homeland Security issued an immigration detainer on Mr. Medina. The only reason he hasn't been deported is because the pending case."

Once everyone listed in the lawsuit is served- they will have 30 days to respond.

Kaylor is set to appear in court on May 5th for his criminal case. Davis says they will be asking for the 1st available jury trial.



The city of Red Bank is facing a lawsuit.  Late Tuesday, attorneys representing a man who was beaten by a former police officer filed the paperwork. 

This all stems from the dash cam video from a traffic stop in April of 2013.   The video shows officer Mark Kaylor on top of  Candido Medina-Resendiz, delivering blows to the head. A separate lawsuit had already been filed solely against officer Kaylor.  He was indicted by a grand jury, on on charges of aggravated assault, reckless endangerment, and official misconduct. Kaylor has since resigned from the department. 

This new suit names the city of Red Bank, Mark Kaylor and his supervisor at the time, who signed off on the arrest report,  Staff Sgt. Leigh Taylor Noorbergen.


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