A Phoenix police officer grabs the phone of then-16-year-old Sergio Nino III (Zwillinger Wulkan PLC).
The family of an Arizona teenager has initiated legal proceedings against the Phoenix Police Department, claiming that officers injured the young man’s wrist and chin while allegedly suggesting his father should physically discipline him.
Lawyers for Sergio Nino III have filed a lawsuit against the department and three involved officers, concerning an incident that occurred in January 2024. The situation arose when Nino’s father contacted the police because his then-16-year-old son resisted surrendering his phone and was skipping school. The father also expressed concerns about his son’s mental health.
According to the lawsuit, officers advised the father to “drag” and “hit” his son, allegedly stating that if the father chose to beat or belt his son, it was warranted since the son “only has rights from the government. He has no rights from you.”
The suit further claims that one officer remarked, “If he’s gonna treat you like garbage, you treat him like garbage. Throw him out on the streets.”
The father led the officers to his son’s room, where they ordered the teenager into the hallway and “immediately began to harass and demean him,” according to the plaintiff’s attorneys.
Nino alleged that his father was abusive, but the officers reportedly dismissed his claims. One officer is accused of defending the father’s actions by saying Sergio was “acting like a little brat,” the lawsuit states.
“You have no rights,” another officer allegedly said. “Your dad should beat you.”
Officers threatened to detain Nino and take his phone because he was “being a little brat,” according to the lawsuit. They also allegedly said that Nino’s father can “do any discipline he wants to you.” Nino started filming and an officer allegedly snatched his phone. After Nino reached for it, the officers “attacked” him and “pummeled” the teen to the ground, causing a laceration on his chin “from which blood splattered all over the scene,” the suit stated.
Police took Nino to the hospital where it was discovered he suffered a fractured wrist that required surgery, his lawyers claim.
“To this day, Sergio’s daily life has been limited by his wrist injury. Sergio continues to suffer from the injuries, the medical expenses, and their impact on his life,” the plaintiffs said. “There was no imminent threat to the officers’ safety when they used excessive force on Sergio, a non-violent and unarmed minor, who had merely reached for his phone in a non-aggressive manner.”
Cops initially arrested Nino for aggravated assault on a police officer and resisting arrest, but the charges were later dropped.
Phoenix police declined to comment, citing ongoing litigation.
The lawsuit, filed Oct. 27 in the Superior Court of Arizona, accuses the officers of excessive force and battery. It is seeking $500,000.
“This case is not just about excessive force,” attorney Larry J. Wulkan said in a press release. “It is about Phoenix Police officers silencing a teenager for exercising his First Amendment right to record them inside his own home. They told his father to abuse him and then brutalized Sergio. That is not law enforcement; it is unconstitutional abuse of power.”
