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A Sandy couple is suing the Sandy Police Department, claiming three officers roughed up one of them as he tried to be a good Samaritan by helping an accident victim who ended up in his front yard.
Andrew and Kristin Mismash filed their civil lawsuit in U.S. District Court on Friday against the department, specifically Sandy Police Chief Stephen Chapman and officers Thomas Tuft, Cody Stromberg and Matt Dominguez.
According to the complaint, Andrew Mismash arrived home, near 600 East and 8800 South in Sandy, on May 2, 2009, with his brother and two children to find the aftermath of a collision between a motorcycle and a truck near his driveway. The driver of the motorcycle, Bradley Jay Wozab, was sitting in Mismash's front yard with one eye swollen shut and blood coming from his head, the complaint states.
Mismash, 42, asked Wozab if he needed help, and Wozab replied that he did. Mismash went into his home to retrieve a first-aid kit. When he returned, officers Tuft and Stromberg were on scene and harassing Wozab, Mismash alleges in the complaint.
Wozab allegedly asked Tuft to call him an ambulance, and Stromberg told Wozab to "shut up" and "that s—- happens," the complaint states.
The complaint doesn't say whether Wozab spoke to the officers or outline a scenario that would prompt police to speak to Wozab in that manner.
Mismash, surprised by the officers' treatment of Wozab, 42, also asked that emergency medical personnel be called. Tuft told Mismash to leave the scene, but Mismash told the officer he lived there, the complaint states.
Mismash walked away, and the officers allegedly pushed him from behind onto the tailgate of his brother's truck, which was parked in his driveway. Two of the policemen held Mismash, and the third officer, Dominguez, allegedly came onto his property and punched him in the back, the complaint states.
Stromberg and Dominguez slammed Mismash to the ground. and Dominguez hit him in the back, grabbed his arms and hands and drove his knees into the man's calves, according to the complaint.
Kristin Mismash watched the alleged assault on her husband unfold and claims Andrew Mismash was never told he was under arrest and didn't receive Miranda rights, the complaint states. She said her husband didn't do anything to police, other than try to help Wozab, according to the complaint.
A public-information officer for the Sandy Police Department didn't immediately return a phone call seeking comment on the lawsuit Friday.
State and federal court records indicate that both Wozab and the Mismashes have never been convicted of a felony. Wozab's record includes several traffic infractions and a conviction for misdemeanors involving a criminal-trespassing case in 2002.
Andrew Mismash was convicted in 2004 of class B animal cruelty and was sentenced to a year of probation for the crime.
The Mismashes are suing for negligence and emotional distress, alleging their First, Fourth, Fifth and 14th Amendment rights were violated.
Their complaint doesn't state how much money they are seeking in the lawsuit. The case has been assigned to U.S. District Judge Clark Waddoups.