SPOKANE, WA – The alleged victim of a local law enforcement officer’s excessive force following a DUI arrest last year has filed a federal civil rights lawsuit against Asotin County, the Asotin County Sheriff’s Office, and Deputy Michael Babino. He was placed on administrative leave for allegedly pushing Alisi Harris forcefully into his patrol car as well as grabbing her by the throat and pushing her against a wall last June. The case was filed this week in U.S. District Court – Eastern District of Washington State in Spokane.
In November, Babino was charged with two counts of 4th-Degree Assault after the matter was referred to the Pullman Police Department for an independent investigation. That agency’s 45-page report was completed on August 11th and all charges against Harris were dismissed without prejudice the following day.
On February 15th, the Asotin County Prosecuting Attorney issued a “Brady Notice” for Babino, finding that he had reportedly been dishonest and deceitful in his prosecution of Harris.
Babino has since returned to his job. He has spent more than 23 years as a law enforcement officer.
According to Harris’ lawsuit, at around 10:00 p.m. on June 17, 2022, Babino stopped and arrested her near the bottom of Critchfield Road on suspicion of Driving Under the Influence. During the arrest, he handcuffed Harris and placed her in the back of his patrol vehicle.
A while later, Deputy Hunter Shaw removed Harris from the holding cell and told her that she was going to Tri-State Memorial Hospital and that she would be placed in ankle and wrist restraints. The lawsuit says neither Shaw nor Babino informed her of why she was being transported to the hospital.
“At the patrol vehicle, Ms. Harris voiced confusion about where the deputies were taking her, and why she was going to the hospital. She stated that she was scared because she was a woman and did not understand why she was leaving the jail. Deputy Babino explained that they were going to the hospital to draw her blood, and asked her to get into the car. Ms. Harris said that she had more questions,” the lawsuit says. “Deputy Babino warned Ms. Harris that he would charge her with obstructing a law enforcement officer if she did not get into the car. Ms. Harris began to respond verbally, but before she could speak, Deputy Babino suddenly and forcefully pushed her directly backward onto her back into the car. Deputy Babino’s body was on top of Ms. Harris as he attempted to force her body into the vehicle. Ms. Harris yelled, “what the [f—]?” and Deputy Babino responded, “now you are going to be charged with obstruction.”
The lawsuit claims that Babino used excessive force when he pushed Harris into the vehicle.
“Ms. Harris was verbally agitated but was not aggressive or violent. Deputy Babino had difficulty closing the door because Ms. Harris’ feet were in the way. He shut the door several times on Ms. Harris’ feet. Ms. Harris repeatedly asked, “why are you doing this?” Deputy Babino forced the door closed by using his body weight to slam the door shut,” the lawsuit says.
The Lewiston Morning Tribune previously released body camera footage of the incident.
At the hospital, Deputy Nathan Conley assisted Harris out of the patrol vehicle and into a wheelchair. He and Babino then wheeled her to a lab room for a blood draw. Deputy Joseph Snyder joined them in the lab room.
According to the lawsuit, while restrained to the wheelchair, Harris asked Babino if she could use the bathroom but he ignored her repeated requests.
“Deputy Babino began to read Ms. Harris the search warrant for drawing her blood. Ms. Harris repeated that she needed to use the bathroom. Deputy Babino ignored her. Ms. Harris began to stand up and turned toward the bathroom. Deputy Babino pushed Ms. Harris back and forced her down into the wheelchair. While Deputy Babino finished reading the warrant, Ms. Harris urinated on herself in the wheelchair. Ms. Harris became agitated and began crying,” the lawsuit says. “Deputy Snyder removed one of Ms. Harris’ hands from the handcuffs and Phlebotomist Madison Brewer drew Ms. Harris’ blood. Ms. Harris asked to be escorted to the bathroom. Deputy Snyder approached Ms. Harris and allowed her to use the bathroom.”
Snyder cleaned the urine from the wheelchair. He explained he did not want Harris to sit down until the chair dried so it would not damage her clothing. She responded, “why do you all care now?” and, “[f—] y’all, [f—] you especially [b—-], I hate you,” pointing at Babino.
“While standing behind the wheelchair, Ms. Harris asked Deputy Babino, “why would you make me urinate on my [g–d—] self?” Deputy Babino responded, “you did that yourself.” Deputy Babino took several steps across the room from where he was standing and reached for Ms. Harris’ right arm. Ms. Harris pulled her arm away from Deputy Babino. Using his right hand, he grabbed Ms. Harris’ throat and slammed her by her throat against the back of a closed door. Deputy Babino yelled at Ms. Harris with his hand still around her neck, “stop right now,” the lawsuit says.
Conley reportedly approached Babino to de-escalate the situation, but Babino yelled at Harris to sit back down in the wheelchair.
“Deputy Babino’s hand was holding Ms. Harris’ arm and he was standing with one foot on top of Ms. Harris’ foot, preventing her from moving into the wheelchair. Deputy Conley guided Ms. Harris away from Deputy Babino and back into the wheelchair. After the attack, Deputy Conley escorted Ms. Harris outside to the vehicle and checked her for injuries on her head,” the lawsuit says.
After Harris was transported back to the Asotin County Jail, Conley and Snyder decided to report Babino’s alleged assault of Harris to Asotin County Undersheriff Jody Brown “because they believed that Deputy Babino’s use of force against Ms. Harris was excessive and violated use of force guidelines. Deputy Conley and Deputy Snyder filed a complaint against Deputy Babino with Undersheriff Brown,” according to the lawsuit.
Harris’ lawsuit claims that at no time during her arrest or detention did she make any threat of physical violence, physically resist any commands, or pose an imminent threat of assault to Babino or to anyone else, nor did she obstruct Babino in the discharge of his duties.
“At the time of Ms. Harris’ arrest, Deputy Babino had not received any training in de-escalation techniques and did not know what deescalation techniques were. Deputy Babino admitted to the Pullman County Police investigator that he did not make any effort to utilize de-escalation techniques during his encounter with Ms. Harris as required by RCW 10.120.020(3)(a),” according to the court documents. “At every juncture that Deputy Babino could have de-escalated or used a lower level of force with Ms. Harris, Deputy Babino made no effort to do so. Deputy Babino had additional assistance from his Deputies to utilize a lower level of force to subdue Ms. Harris, but chose not to utilize any assistance.”
After Harris was arrested, Babino completed a report and an affidavit of probable cause which recommended one charge for third-degree assault and one charge for obstructing a law enforcement officer.
“The sworn report and sworn affidavit of probable cause both contain numerous material falsehoods, misstatements, and omissions,” the lawsuit says. “Deputy Babino’s arrest report states that Ms. Harris scratched and kicked him during the DUI processing and transport to Tri-State Hospital. The video and documentary evidence establishes that Ms. Harris did not scratch or kick Deputy Babino.”
“Deputy Babino’s arrest report states that Ms. Harris “postur[ed] her body blading away from [him] and started clenching her right hand into a fist.” It further states that he anticipated that she was moving as if to punch or strike him. The video and documentary evidence establishes that Ms. Harris did not move as if to strike Deputy Babino and did not ball her hand into a fist,” the lawsuit adds. “Deputy Babino’s arrest report states that he avoided placing his hand around Ms. Harris’ neck. The video and documentary evidence establishes that Deputy Babino did place his hand on her neck, grabbed her neck, and pushed her backward forcefully into a closed door.”
The lawsuit says Babino’s arrest report states that Harris deliberately kicked him in the chest and shoulder when he was moving her into the patrol vehicle to transport her to the hospital.
“The video and documentary evidence establishes that Ms. Harris did not deliberately kick Deputy Babino, but rather that Deputy Babino forcefully pushed Ms. Harris into his vehicle without provocation, and slammed the vehicle door repeatedly on her foot with his bodyweight,” according to the lawsuit. “Deputy Babino maliciously recommended that Ms. Harris be charged with third degree assault on a law enforcement officer and obstructing a law enforcement officer despite knowing that Ms. Harris had not committed these offenses. Deputy Babino lacked probable cause to initiate these charges.”
Harris’ lawsuit says that in recommending that she be charged, “Babino acted with improper motives, malice, and with reckless disregard of Ms. Harris’ rights. Although Deputy Babino knew that Ms. Harris was not guilty of these offenses, he nevertheless instituted criminal proceedings against her because of hostility toward her for her statements and conduct during her arrest and detention, and for the purpose of protecting himself from liability for his own assaults on Ms. Harris.”
On June 21, 2022, the Prosecuting Attorney for Asotin County charged Harris with the crimes of third-degree assault and obstructing a law enforcement officer.
“The Prosecuting Attorney’s decision to charge Ms. Harris was based upon the false statements and material omissions contained in Deputy Babino’s arrest report and affidavit of probable cause,” the lawsuit says.
Upon notice of the excessive force complaint against Babino, the Asotin County Sheriff’s Office referred the matter to the Pullman Police Department for an independent investigation, which wrapped up on August 11th.
“The Pullman Police Department reviewed all relevant body camera and dashcam footage, documentary evidence, and interviewed all involved parties and witnesses,” according to the lawsuit. “The Pullman Police Department concluded that Ms. Harris had not assaulted Deputy Babino nor obstructed a law enforcement officer, and that sufficient evidence existed to support two charges of fourth degree assault against Deputy Babino for forcing Ms. Harris into the back of the vehicle and for slamming her body against the hospital door by her throat.”
In addition to First and Fourth Amendment claims, Harris’ lawsuit also claims the defendants maliciously prosecuted her; the Asotin County Sheriff’s Office was negligent in its supervision of Babino; and the agency failed to ensure that its law enforcement officers, including Babino, received adequate training in de-escalation tactics and use of force.
Harris is demanding a jury trial; damages for physical injury, pain and suffering, and emotional distress and harm; punitive damages against Babino; special damages incurred in the course of the malicious prosecution; and attorney fees and costs.
