Commonwealth v. Jordan, 125 N.E.3d 800 (2019)

Citation: Commonwealth v. Jordan, 125 N.E.3d 800 (2019)
Parent Document: Commonwealth v. Jordan, 125 N.E.3d 800 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-05-15
Original Source: https://www.courtlistener.com/opinion/7179122/commonwealth-v-jordan/ ↗

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The defendant was asked to drop to his knees and place his hands behind his head. Officer Thomas, assisted by one of the other officers, handcuffed the defendant behind his back. Officer Thomas Kochanski then led the defendant outside of the motel room, toward the police cruiser. As the defendant was led out of the motel room, he yelled, "I want my sneakers, I want my sneakers."2 During the walk to the police cruiser, the defendant "tense[d] up" and pushed into Officer Kochanski. As Officer Kochanski attempted to put the defendant to the hood of the police cruiser, the defendant "was trying to break away ... going back and forth with his shoulders." Officer Thomas heard Officer Kochanski telling the defendant to "stop resisting, stop resisting." The defendant "was trying to wrestle with [Officer Kochanski] and trying to escape." Upon hearing Officer Kochanski scream in pain, Officer Thomas told the defendant, at least two times, to "stop resisting or I'm going to send the dog." The defendant did not comply with the command, and Officer Thomas released Justice, who performed a "spot bite to adhere onto the [defendant's] leg." The defendant stopped resisting and was placed in the police cruiser.3 Officer Kochanski sustained a sprained thumb as a result of the struggle.

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