A man in Dallas, Texas, says he was a victim of excessive police force when officers arrested him for charges filed against a man with a similar name.
Silvester Hayes is suing the city of Dallas and the police department after he was arrested based on mistaken identity, according to the lawsuit., alleging excessive force during his 2021 arrest after a case of mistaken identity, according to a lawsuit filed in federal court.
According to the lawsuit, he suffers from post-traumatic stress disorder and faces pain and mobility issues from a shoulder dislocated by officers. He’s also suing because he lost his job as a security guard after spending multiple days in jail, unable to show up for work. According to the lawsuit, the Dallas police officer did not check Hayes’ driver’s license for any charges but made the assumption that he was the same man wanted on those charges. When they ordered Hayes out of the vehicle, he began asking why he was being arrested. At that point, the lawsuit says officers began using unnecessary force on Hayes.
With 10 officers total on scene, Hayes was kicked, beaten, Tasered and placed in leg restraints, according the suit. It also claims officers put their knees on his skull, neck and back and dislocated one of his shoulders.
According to the lawsuit, Hayes began calling out for help both from bystanders and other officers, but was ignored. His legs were tied, wrists cuffed and he was taken to a patrol vehicle. It was not until after Hayes’ legs were bound that the officer who originally said Hayes was wanted on felony charges ran his ID through the police database and found out he was not the same man. She can be heard exclaiming expletives as the results come up on the computer.
At that in the footage point, a police sergeant tells Hayes that the arrest for family violence was done because he has the same name as another man. The lawsuit says that if police had done things the right way, running his name and driver’s license through the police database before initiating an arrest, they would have realized that he was not the same man wanted on those charges and that his name is spelled differently.
After they tell the sergeant their side of the story, the sergeant asks the officers if they had a “good warrant” to arrest Silvester Hayes. In talking to the officer who pulled Hayes out of the vehicle, the sergeant suggests to the officer that his behavior during the arrest was a result of concern for his safety because of the gun that officers saw after pulling Hayes out of the car.
When he was pulled over, he said he was scared he could potentially lose his life. He described the way they stopped him as aggressive. He gave them his license, thinking they would run his ID through the police database and give him a traffic ticket. Instead, he saw them look at his driver’s license and they began arresting him.
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