Cheyenne man sues officers over leg injury during blood draw

Brandon Moyte underwent five surgeries in one year after a blood draw during his 2024 arrest, according to a lawsuit filed last week. The 35-year-old plumber is suing two Cheyenne Police Department officers for injuries that left him with a shattered leg and severed artery.

Moyte was stopped for a DUI in November 2024. He failed field sobriety tests and refused chemical testing, leading Wyoming Highway Patrol to transport him to Cheyenne Regional Medical Center for a blood sample. The complaint states that a search warrant was remotely granted, but Moyte refused consent. He told officers Zabriskie and Lecaire that they would need to pin him to the floor to draw his blood.

The suit alleges that officers placed the handcuffed man face-down on the floor. They pulled his torso and head up while locking his legs in place to access the vein. The complaint claims this angle bent his right leg completely in half at the knee. This action shattered his tibia, tore knee ligaments, and cut the popliteal artery. Body camera footage recorded the entire incident.

Moyte was rushed to the emergency department immediately after the draw. Doctors found no pulse in his right foot. A CT scan revealed a dislocated femur and tibia, a shattered tibial plateau, and floating bone fragments. He underwent a six-hour surgery that night to perform an arterial bypass. The procedure was complicated by a large hematoma in the knee area.

Four additional surgeries followed over the next 10 months. One procedure a week later revealed irreparable nerve damage and ruptures of the ACL and PCL. A third surgery involved a skin graft covering more than 400 square centimeters of wounds. The final surgery in 2025 resulted in a total knee replacement. The complaint notes that receiving this procedure at age 34 may cause complications later in life.

The injury ended Moyte’s plumbing business because he could not walk properly. His family faced utility shutoffs as bills went unpaid, and his wife eventually left him. He was arrested for domestic battery in April 2026 after slapping his wife at a bar. He faced further charges in June and July, pleading guilty to two counts. The complaint states he often wakes up at night to submerge his leg in ice water to manage the pain.

Moyte’s attorney, Devon W. Petersen of Fleener Petersen LLC, is representing him in the suit. The legal team argues that Officers Zabriskie and Lecaire used excessive force in violation of the Fourth Amendment under 42 U.S.C. Section 1983. The Cheyenne Police Department declined to comment on the lawsuit.