Elderly Ogden Couple Sue Police for Excessive Force

Today, our office will file the attached complaint in federal court.

This case involves totally unnecessary excessive force by Ogden police officers against a 78-year-old man and his 74-year-old wife. The officers came to the Briem home to purportedly investigate whether the Briems were improperly in a home supposedly in foreclosure. In other words, were they squatters. Rand Briem explained that he owned the house, that it was not under foreclosure, and that the "non-occupancy" sign on the front door referred to the basement only, which had been contaminated. See Exhibit 1 to the complaint, attached. An officer asked to see Rand’s driver’s license which Rand provided, and which the officer abruptly took out of Rand's hand. Rand asked for the license back and reached for it, and was subjected to an improper forceful takedown, without any cause. Rand had no weapon, made no threats, and was not in any way a danger to the officers or to himself. He was not resisting or fleeing. The whole event is captured on two body cameras and is very dramatic. See the link below. The force employed by the officers was unnecessary and grossly excessive. Rand's face was shoved into the driveway and severely bloodied. See Exhibit 2 attached to the complaint. The takedown was so rough that left Rand severely bruised, see Exhibit 3 and photos above. He sustained a rotator cuff tear which still plagues him today.

Under constitutional principles, forces not permitted where no force is required. When force is used, and cannot be excessive, or more than required. These principles were violated in this case, in a dramatic and unjustified fashion.

Press Conference:

The press conference will be tomorrow, Wednesday, November 22, at my office, 311 S. State Street, Suite 240, Salt Lake City, at 12:00 noon. Rand and Vera Briem will be here to answer questions. We will also provide you a flash drive with the two body camera videos.