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Spokane, Washington  Est. May 19, 1883

Lawsuit alleges Spokane deputies hit and allowed K9 to bite complying man lying on the ground

The Spokane County Courthouse is pictured. 

A Spokane County man who was arrested on suspicion of vehicle theft in 2019 is suing the county, alleging law enforcement used excessive force when arresting him.

Todd Lee Johnson, a Spokane County resident, alleges Spokane County Sheriff’s Office deputies used a neck restraint, punched him and unleashed a K-9 on him while he was lying on the ground in a nonthreatening position and complying with their orders.

Johnson was stopped by deputies after a vehicle pursuit on June 5, 2019.

According to court records, Johnson was in a stolen landscaping truck when a deputy flashed his emergency lights for him to pull over.

Johnson then tried to flee by speeding through stop signs and stoplights in a residential neighborhood. Deputies were eventually able to stop Johnson, according to court records.

The lawsuit states that Jose M. Carrillo, a Spokane County deputy, ordered Johnson to get out of the vehicle after the chase.

Johnson informed deputies that it would take extra time for him to comply because of a right shoulder disability, but he was eventually able to get out of the vehicle and lie on the ground on his stomach as directed by deputies, according to the lawsuit.

While Johnson was lying on the ground with limited range of motion in his right shoulder, the lawsuit alleges deputies used unnecessary force despite Johnson being in a nonthreatening position.

According to Mark Harris, Johnson’s attorney, a deputy punched Johnson in the neck area and then allowed a K-9 to bite him while he was down. The lawsuit also alleges Carrillo held his knee on Johnson’s back while he was on the ground.

The deputies’ conduct resulted in injuries to Johnson, according to the lawsuit.

Harris acknowledged that Johnson was acting dangerously when he fled, but he said that didn’t justify the alleged actions by deputies during the arrest.

“He was complying with officers,” Harris said. “The use of force was not justified.”

Harris said video evidence taken by a bystander shows some of the alleged actions taken by deputies.

Spokane County deputies Carrillo, Thomas Walton, Tyler Kullman and Griffin Criswell are accused in the lawsuit of using unreasonable and using excessive force on Johnson. The lawsuit seeks damages for the deputies’ conduct.

The county will not comment on pending litigation, Mark Gregory, spokesman for the Spokane County Sheriff’s Office, said on Tuesday.

Johnson was eventually charged with attempting to elude law enforcement and vehicle theft. The lawsuit notes that Johnson was not charged with resisting arrest.