Federal Judge Sides With Cheyenne Police in Civil Rights Case
A federal judge has sided with three Cheyenne police officers in a case brought by a Cheyenne man alleging his civil rights were violated, the department announced in a news release Friday evening.
According to police, Michael A. Sena was arrested on suspicion of DUI on Oct. 30, 2019, after crashing his vehicle and exhibiting other signs of impairment.
He was then taken to Cheyenne Regional Medical Center for a blood draw.
"Sena claimed Fourth Amendment violations, stating that the officers used an invalid search warrant to take him to the hospital against his will and that he refused to take a blood test," police said in the release.
"Sena also asserted his Fourteenth Amendment right to due process was violated after he was treated differently based on his Hispanic race and his father’s criminal history," police added.
But U.S. District Judge Scott W. Skavdahl said Sena failed to show any clear constitutional violation, and granted both the City of Cheyenne and the individual officers’ motions for summary judgment on all claims.
"The judgment confirms that the officer’s actions in the arrest of Sena were constitutionally sound, and that Sena’s claims were without merit," said Chief Mark Francisco.
"Further, the judgment confirms the department’s training and policies are in line with state statute," Francisco added.