Tempe Man Sues Scottsdale Police Alleging Excessive Force

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A 46-year-old Tempe man sued the Scottsdale Police Department alleging that it used excessive force during a 2020 traffic stop.

Andy Dominguez filed the lawsuit in January after he was pulled over by Scottsdale police officer Daniel Koller while Dominguez was in a hurry to get to another job, according to ABC 15.

The interaction between Dominguez and Koller, which was recorded on the officer's body camera, quickly became confrontational, the lawsuit alleged. "I saw you when I made a U-turn," Dominguez told Koller. "I know I didn't break any laws."

"You know that you didn't break any laws?" Koller responded. "So you're saying that I'm violating your rights now?"

"I noticed that he was trying to provoke me," Dominguez told ABC 15.

Dominguez accused Koller of repeatedly hitting him in the head and chest after he sat in his vehicle with his hands up and argued that the officer had no right or cause to demand him to step out of his vehicle, according to ABC 15's report.

"Mother [expletive], get out of the [expletive] car right now," Koller is heard yelling on the police audio. "I am going to hurt you if you don't get out of the car right now."

"You keep hitting me," Dominguez said on the video. "Oh, my God!"

Koller is still on the city's payroll, according to ABC 15, as the department's investigation found that both his and the other responding officer's use of force was "reasonable," a city spokesperson told the station.

In response to Patch's request for comment, Kelly Corsette, who serves as the the city of Scottsdale's communications & public affairs director, released the following statement.

"Due to active litigation, the City of Scottsdale will limit its comments regarding the arrest of, and subsequent lawsuit from, Mr. Andres Dominguez, which stems from an incident that occurred in January 2020," the statement reads. "The police body camera recording of the incident has been released. While dramatic, the video shows lawful and clear commands by Scottsdale police which were disregarded. This lack of compliance, combined with the subject's statement that he was 'an armed guard' and his unexpectedly quickly reaching to his side led to the officers' forceful removal of Mr. Dominguez from his vehicle — the police did not use any weapons in this incident.

"The conduct of the officers in this case was reviewed by the Scottsdale Police Department's Use of Force Review Board, which found the use of force reasonable under the totality of the circumstances. The internal investigation did result in mandatory counseling of one officer for unprofessional language and tone."