WINDSOR, Va. (WAVY) — The U.S. Army lieutenant who sued two Windsor police officers after he was pepper-sprayed in a 2020 traffic stop had his appeal recently determined by a higher court.

It comes just over a year afer Lt. Caron Nazario request for a new trial was denied.

Nazario, who alleged his constitutional rights were violated by the two officers during the December 2020 stop, had sued initially for $1 million in damages. However, he was awarded only $3,685, including $1 in nominal damages “in order to vindicate his rights under the U.S. Constitution,” by a Richmond jury that mostly sided with law enforcement.

In his appeal filed in the U.S. Court of Appeals for the Fourth Circuit, Nazario says the district court erred in its rulings about the judgment by saying the police officers had probable cause for three misdemeanors: eluding, obstruction of justice and failure to obey an order of a conservator of the peace under Virginia code.

“Nazario maintains that these erroneous probable cause rulings tainted not only other parts of the court’s summary judgment awards, but also the jury instructions,” the appeal reads. “Importantly, Nazario does not challenge the court’s ruling that the Policemen had probable cause to pull him over for a traffic infraction — failure to properly display a license plate under Va. Code Ann. § 46.2-715 and § 46.2-716.

A majority of three circuit court judges ruled on May 31 to affirm the summary judgement in part and said they would not set aside the verdict.

However, they did reverse the district court’s award of qualified immunity to former officer Joe Gutierrez, who was fired after the incident, related to Nazario’s unreasonable seizure claim.

“Gutierrez’s conduct, combined with his death threats against Lt. Nazario, was a
clear violation of the Fourth Amendment that lies outside the protection of qualified immunity,” the judges ruled.

The court cited Gutierrez’s threats that Nazario was “fixing to ride the lightning” — a “colloquial
reference to death by the electric chair” — and saying Nazario “should be” scared to get out of the vehicle.

“We reverse that aspect of the judgment awarding summary judgment to Gutierrez with respect to Count I only, and remand for such other and further proceedings as may be appropriate,” the judges ruled.

You can read the full decision here.