Jan 06, 2025
A man who sustained third-degree burns over much of his body after Phoenix police officers pinned him face-down on the searing pavement last summer has taken the initial step toward filing a federal lawsuit against the city. Michael Kenyon and his attorneys filed an official notice of claim on Dec. 30, stating they would settle for $15.5 million or proceed with a federal lawsuit against the city. “Michael is 30 years old. At an average life expectancy, he should live another 42 years. That is 15,330 days,” the claim states, according to ABC15. “We are confident that not a single one of you would choose to live in Michael’s disfigured body and traumatized mind for $1,000 a day—and we are confident a jury would agree that this is a modest sum for what the Phoenix Police Department has caused to him.” Michael Kenyon was hospitalized for over a month after Phoenix police officers held him on a hot pavement. (Photos: YouTube screenshot/ABC15 Arizona) A city spokesperson refrained from commenting on the claim but did confirm that an internal police investigation is still ongoing. The incident occurred on the afternoon of July 6, 2024, as temperatures soared to 114 degrees in central Phoenix. Surveillance footage reveals that Kenyon was stopped and questioned by officers in a parking lot near 7th and McKinley streets. As tensions escalated, several officers forced Kenyon to the scorching blacktop, where they kept him pinned for more than four minutes. A witness from a nearby balcony began recording the incident midway through the altercation. The cellphone video shows Kenyon shouting, “please… please… I can’t move. I didn’t do anything.” “Phoenix police are demonstrating an utter disregard for human life over and over again,” said Bobby DiCello, one of Kenyon’s attorneys, according to ABC15. “This young man was burned to the third degree because his skin was cooked on asphalt.” According to police, Kenyon refused to comply when confronted by the officers, leading to a struggle.  At the time police approached Kenyon, they were reportedly investigating a theft in progress. However, it was later determined that he was not a suspect, but the damage had already been done. The lawsuit argues that as temperatures reached 114 degrees, four Phoenix police officers pinned Kenyon to the ground for more than four minutes. It claims that this was a result of inadequate training and supervision, pointing out that the city’s 1,147 pages of Operations Orders contain no mention of the severe risks involved in restraining individuals on hot pavement. Kenyon, who has not faced any charges related to the incident, spent more than a month in the hospital recovering from severe burns on his face, arms, chest, and legs.  The incident left him with large swaths of flesh missing above his knees, leaving painful, discolored scars across his body. “Phoenix police are demonstrating an utter disregard for human life over and over again,” said Bobby DiCello, one of Kenyon’s attorneys. “This young man was burned to the third degree because his skin was cooked on asphalt.” Kenyon recently filed a notice of claim, accusing Phoenix police of inadequate training, unconstitutional practices, and fostering a violent culture, all of which were highlighted in a critical Department of Justice investigation released in June 2024. “The Mayor’s and City Council’s rejection of the Department of Justice’s findings is already well-publicized,” according to the claim. “But this situation is very difficult to square with any [belief] that this is a Department that is even minimally professional, accountable, or respectful of the residents it is charged to ‘serve and protect.’” ‘Please… Please… I Can’t Move!’: Phoenix Man’s ‘Skin Was Cooked on Asphalt’ After Cops Held His Face Down On Hot Pavement In 112-Degree Weather
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