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Man punched repeatedly by Auburn officer files notice of claim against city
Mauro Felix Valles, 33, has filed a notice of claim against Auburn alleging officer Andrew Bryant tased him and punched him more than two dozen times during an October arrest, causing a mild traumatic brain injury. Bryant remains on administrative leave as an independent review by Renton police continues.
AUBURN, Wash. â The man seen on viral video being repeatedly punched in the head by an Auburn police officer has taken the first step toward a lawsuit against the city.
Mauro Felix Valles, 33, filed a notice of claim with the City of Auburn on Monday, alleging that officer Andrew Bryant tased him and then struck his head with a closed fist more than two dozen times during an arrest on Oct. 28. The claim states Valles suffered a mild traumatic brain injury, cuts, pain and emotional distress.
The encounter, captured on dash camera, body camera and a nearby surveillance camera, began when police responded to a call about a man running in the road near Auburn Way North and 37th Street Northeast. Video shows Bryant ordering Valles to the ground and threatening to use a Taser. Valles raised his hands and backed away before Bryant deployed the Taser, according to the footage.
With Valles on the ground, Bryant attempted to handcuff him and then struck his head repeatedly with a closed fist, the video shows. Valles' head bounced off the pavement as Bryant was heard grunting. Bryant told Valles to let go of him and later claimed Valles had tried to grab his gun during the struggle.
Prosecutors have since dropped charges against Valles.
At a press conference Thursday morning, Valles' attorney, Evan Oshan, called for Bryant's immediate dismissal. "First and foremost, this officer needs to be fired immediately," Oshan said. "This officer is a disgrace, an embarrassment, and he must be weeded out. We have to be careful that this officer is not put back on the street because any of us could be at risk."
Oshan said Valles had no drugs in his system and was experiencing a mental health crisis when Bryant approached him. "He was raising his hands and asking for help," Oshan said. "In my opinion, it's a miracle he is alive. What I saw there â that gives me nightmares."
A witness who saw Valles before the arrest offered a similar account. Teresa Novinski told reporters she was stopped in the road when Valles tried to open her car door. "He tried to open my door, but he was not angry, he did not pound, he did not yell," Novinski said. "The man that I saw needed to be taken to the hospital for mental health evaluations, not tased."
Novinski said she did not believe she was being carjacked. "I thought to myself he was definitely having a mental health moment," she said. "I just stopped in the middle of the road. When I saw the videos, I was appalled."
She has spoken with Renton police investigators, who are conducting an independent review of the arrest. "I hope they see this through and that it doesn't get dropped," she said.
Auburn police confirmed Bryant remains on administrative leave while the investigation continues.
The notice of claim is a required precursor to a civil lawsuit against a municipality in Washington. It gives the city an opportunity to review the allegations before litigation proceeds.