Albuquerque Settles Police Lawsuit for $60,000

December 3, 2013

A settlement has been reached between the city of Albuquerque and a drunken driving suspect who claimed his jaw was broken by police while being taken into custody.

The case stems from a May 2011 traffic stop in downtown Albuquerque. Officers initially stopped Charles Gomez for driving without his seat belt.

After smelling alcohol, Officer Brian Pitzer ran Gomez through field sobriety tests and was about to arrest him but Gomez bolted. Pitzer and fellow Officer Justin Montgomery ran after Gomez and found him in an underground parking garage.

Gomez’s attorney claims Gomez gave himself up but was kicked in the face and lost consciousness. The attorney says the settlement is worth $60,000.

In court documents, the city denied allegations that Gomez’s Fourth Amendment rights were violated and that he was assaulted.

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