Virginia Man Sues Loudoun County Deputy after Traumatic Brain Injury | Shapiro, Washburn & Sharp

A Sterling man is suing a former Loudoun County deputy after an alleged assault that took place in November 2009. The man claims that the deputy attacked him without cause and left him with a traumatic brain injury and permanent disabilities.

According to local news sources, 36-year-old Carlos Garcia and his family were leaving a restaurant after a birthday celebration and getting into a taxi after overindulging. However, the taxi said there were too many people to transport, and the police became involved. A video shows a deputy, 34-year-old Terry Daniel, approaching Garcia from behind and striking him. The man, who apparently has his hands above his head, falls to the ground and hits his head. The lawsuit states that the officer used excessive force.

Daniel was promoted a year after the video but resigned in 2011. Garcia, meanwhile, was charged with assaulting an officer and pled guilty to battery to avoid a felony.

Garcia, a father of five children, said that since the accident he has suffered from memory issues, headaches, and confusion. The Virginia personal injury civil lawsuit only names Garcia as a defendant and ask for unspecified damages. The case will be heard in Alexandria, Virginia.