Two Men Sue Cheyenne Police Over Alleged Excessive Force

In Cheyenne, two men have filed separate lawsuits against officers with the Cheyenne Police Department, alleging that the force used during their arrests on November 5, 2024, resulted in serious injuries. The legal actions were submitted earlier this week, outlining distinct accounts of how the interactions between the suspects and law enforcement escalated into physical harm.

Brandon Moyte, 35, claims that two officers caused structural damage to his right leg while attempting to restrain him for a blood draw. According to his complaint, Moyte was pulled over by a Wyoming Highway Patrol trooper at 5:56 p.m. on November 5, 2024, for drunk driving. He admitted to drinking and failed field-sobriety tests, leading to his arrest and transport to Cheyenne Regional Medical Center. A judge had issued a warrant for the blood draw, but Moyte stated he would not consent while seated in the hospital vehicle bay with his hands cuffed behind his back.

The complaint states that officers pushed Moyte back into the chair after he stood. When he stood again, officers identified only by their last names, Zabriskie and Lecaire, allegedly wedged his right leg into a locked position while forcing his upper body forward. This action caused his knee to buckle backward. Medical imaging reportedly showed that his popliteal artery was completely severed, his femur and tibia were dislocated, and his tibial plateau was shattered. Bone fragments were trapped in the center of his knee, and major ligaments were torn. Emergency surgery lasted from 8:41 p.m. to 2:00 a.m., including an arterial bypass. The surgeon noted that his peroneal nerve could not be repaired.

Moyte’s lawsuit, filed by Devon Petersen of Fleener Petersen LLC, seeks compensatory and punitive damages. The complaint alleges that the injuries left him with a foot-drag walk, causing him to lose his job as a plumber and contractor. It further states that he has had to refurbish furniture to earn income, lost his utilities, and that his wife divorced him. The document describes his ongoing physical and emotional distress, including fear, humiliation, and mental anguish.

In a separate matter, Richard Medlock, 77, filed a complaint alleging that officers tackled him violently after a traffic stop. Medlock, a Vietnam War veteran, was driving south on Powderhouse Road when he approached an intersection with Gardenia Drive. Officers were blocking westbound traffic on Gardenia after a car crash. Medlock stopped and asked an emergency responder if he could go west. Officer Marcus Hairston-Payton motioned for him to turn east onto Tranquility Road instead. Medlock complied, turning left with no incoming traffic in his path.

Hairston-Payton ran to his patrol vehicle, activated his lights, and chased Medlock, who pulled over. The complaint states that the officer asked, "What is your problem?" and failed to articulate a lawful basis for the stop. Medlock informed the officer he was a veteran and carried firearms. Officer James McClaskey arrived, ordered Medlock out of the vehicle, and grabbed both his wrists. Medlock stepped out unarmed. The complaint alleges that both officers tripped and tackled him, pressing his body into the ground while shouting for him to put his arms behind his back. Medlock landed on his side with his left arm trapped, resulting in broken ribs.

Medlock was handcuffed and taken to the emergency room. Body-camera footage reportedly showed Hairston-Payton, McClaskey, and Sgt. Matthew Solberg discussing the incident. Hairston-Payton allegedly noted that Medlock had cursed him and driven away from a consensual encounter. Solberg muted his body camera for more than two minutes during the discussion. Medlock was cited for careless driving and refusing to obey, but the charges were later dismissed in court.

The Medlock complaint, filed by Mary Katherine Ames of Woodhouse Roden Ames & Brennan LLC, sues the City of Cheyenne in addition to the individual officers. It seeks a minimum of $1 million in damages. The lawsuit accuses Hairston-Payton of unreasonable seizure and accuses both officers of excessive force, unlawful arrest, failure to intervene, assault, and battery. It also alleges false imprisonment, negligence, malicious prosecution, and intentional infliction of emotional distress against the officers and the city. The Cheyenne Police Department declined to comment on either case, citing pending litigation.