Lawsuit against Phoenix police officers, city claims excessive force, liability

PHOENIX — A Phoenix man has filed a lawsuit against multiple Phoenix police officers as well as the city of Phoenix after he claims he was pressed against the hot pavement, which caused him to suffer third-degree burns last summer.

According to court documents, Michael Kenyon alleges four police officers piled on top of him and pressed him against the “scalding hot pavement” on July 6, 2024, which resulted in Kenyon suffering from “third-degree, full thickness burns on his arms, legs, chest and face.” The temperature in Phoenix reached as high as 115 degrees that day. 

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Before the altercation, one of Kenyon’s roommates called Phoenix Police to report a suspected, non-violent theft, court documents state. Kenyon’s roommate described the suspect to police dispatch as a white male, 5-feet 5-inches in height, with tattoos on his back, as well as having blonde hair and blue eyes. Court documents also state the suspect was described as possibly carrying pepper spray and having taken a laptop computer from the residence. 

Kenyon was at home when his roommate made the call, but later left. Court documents state he walked to a nearby Circle K while talking on the phone. 

“Holding the phone in one hand, and a visible keychain in the other, it was obvious that he was not carrying a laptop or pepper spray,” court documents said. “Wearing a tank top shirt, it was apparent he did not have tattoos. And, standing 5’10” tall, he could not reasonably be mistaken for someone 5’5”.”

Phoenix police officers Adelbert Caraig and Eric Jusseaume pulled up behind Kenyon, court documents said, instructing Kenyon to come back.

“Within seconds of their initial contact with Michael, however, the officers grabbed both of his arms—despite the fact that Michael clearly did not fit the description of the person they were supposed to be looking for,” court documents state. 

Kenyon sat on the bumper of the truck to “show the officers he had no intention to flee” and asked for clarification. The officers told Kenyon he was being detained.

Two additional officers arrived, Ira Salinas-Jerry and Rowan Clarke, and court documents allege that all four officers piled on top of Kenyon, forcing him to the ground. 

“As Michael screamed out for help, the officers pressed hard—one officer at one point kneeling on his head, and pressing the side of his face into the asphalt as other officers put their weight on his torso,” the court documents state. 

Court documents claim the officers held Kenyon on the ground for four minutes, and “he was in so much pain he could not even stand.”

Kenyon was taken to the Diane and Bruce Halle Arizona Burn Center at Valleywise Health by Phoenix firefighters. 

Phoenix Fire administered 200 milligrams of ketamine before he was brought to the hospital. The officers advised hospital staff that Kenyon was “acting altered prior to” their contact with him, court documents state.

Despite the fact that officers knew Kenyon did not resemble the suspect description in height or in appearance, officers had Kenyon’s phone taken away from him and handcuffed him to the hospital bed, the court documents claim. 

Kenyon spent more than 30 days in the Arizona Burn Center going through a series of procedures, including skin grafts, to attempt to treat his injuries. Court documents state Kenyon has spent time in physical therapy attempting to regain mobility of his arms despite the burns. 

The court documents state that Kenyon is making four claims for relief:

1. Excessive force in violation of the Fourth Amendment against individual officers
2. Municipal liability under Montell against the City of Phoenix
3. Assault and battery-Vicarious liability against the City of Phoenix
4. Intentional infliction of emotional distress-vicarious liability against the City of Phoenix 

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