“I told the police officers there that I didn’t do nothing, ‘Why is you guys doing this to me?’” Davis testified. “They said, ‘OK, just lay on the ground and put your hands behind your back.’”
Davis said he complied and that a female officer straddled and then handcuffed him. Two other officers crowded into the cell.
“They started hitting me,” he testified. “I was getting hit and I just covered up.”
The other two stepped out and the female officer allegedly lifted Davis’ head as the cop who had initially pushed him into the cell reappeared.
“He ran in and kicked me in the head,” Davis recalled. “I almost passed out at that point… Paramedics came… They said it was too much blood, I had to go to the hospital.”
[...]
Indisputable evidence of what transpired in the cell might have been provided by a surveillance camera, but it turned out that the VHS video was recorded at 32 times normal speed.
“It was like a blur,” Schottel told The Daily Beast on Wednesday. “You couldn’t see anything.”
The blur proved to be from 12 hours after the incident anyway. The cops had saved the wrong footage after Schottel asked them to preserve it.
[...]
But however lax the department’s system and however contradictory the officers’ testimony, a federal magistrate ruled that the apparent perjury about the “property damage” charges was too minor to constitute a violation of due process and that Davis’ injuries were de minimis—too minor to warrant a finding of excessive force. Never mind that a CAT scan taken after the incident confirmed that he had suffered a concussion.