Norma Flores Valdez is the mother of Alberto Noriega, a 27-year-old man who was killed on March 22, 2022. She sued five Mesa officers in the U.S. District Court for the District of Arizona for excessive force and wrongful death on March 22 — exactly two years after her son’s death.
Valdez’s lawsuit claimed three officers shot and killed her son after he was knocked to the ground off a motorcycle from “less lethal” beanbag shotgun rounds and repeatedly tased. Two other officers at the incident also are named in the lawsuit for their alleged roles in Noriega’s death.
In addition, Taneysha Carter filed a lawsuit claiming excessive force against another Mesa officer for shooting her twice in the back while she was seeking help during a heatstroke and mental health crisis on July 7, 2022. The suit was filed March 26 in the same U.S. district court.
Mesa police have an “established history of excessive force incidents,” according to Carter's lawsuit.
Mesa Police Department spokesperson Detective Brandi Myers told Phoenix New Times the agency does not comment on pending litigation.
Motorcycle chase turns lethal
Valdez’s lawsuit alleged that five officers — Nicholas Oswald, Brandon Grissom, Emmanual Donavan, Chris Lentine and Chase Hudson — acted “willfully, maliciously, in bad faith, and in reckless disregard of Mr. Noriega’s federally protected constitutional rights,” leading to Noriega’s death.“Noriega suffered significant physical pain and psychological anguish prior to his death as a direct and proximate result of the Individual Officers’ violations of his constitutional rights,” the lawsuit said.
Valdez is seeking compensatory damages for the loss of Noriega’s life and the pain, suffering and anguish he and his family suffered; punitive damages for civil rights violations; attorneys’ fees; and other expenses.
According to the lawsuit, a group of detectives were surveilling a Mesa home for reasons unrelated to Noriega when they saw two men arrive on a motorcycle and leave it idling.
After the men left, the officers checked the license plate and determined the motorcycle was stolen. Then, the lawsuit stated, Noriega mounted the bike and began to drive it away.
Police called for additional unmarked police cars and backup from a police helicopter and followed the motorcycle. Eventually, a marked police car arrived and signaled for Noriega to stop.
According to a Mesa police critical incident briefing, Noriega fled instead.
The police helicopter followed Noriega into a trailer park in Chandler, according to the briefing, and Mesa police arrived to surround him.
Oswald pulled up close to the motorcycle and shot Noriega with a “less lethal” shotgun, knocking him to the ground.
Noriega was making audible moaning sounds on the ground when Grissom tased him, yelling orders and continuing to tase Noriega twice more without giving him a reasonable chance to comply with orders, according to the lawsuit.
“He’s got a gun, he’s got a gun,” Grissom yelled, and multiple officers began firing handguns at Noriega, according to the suit. Police claimed Noriega was reaching for the gun.
"While still under the power of the taser, Noriega moves his left hand towards the handgun in his waistband," Sgt. Chuck Trapani said in the briefing video.
Three officers fired a total of 11 shots, killing Noriega, whose weapon turned out to be a replica-style airsoft gun, according to the Arizona Republic and Fox 10. Noriega died at the scene.
The lawsuit alleged Noriega “lost his life as a direct and proximate result” of the officers’ “negligent and grossly negligent acts.”
Noriega's brother, Carlos, started a petition on Change.org demanding "justice and accountability" for Noriega's death.
"The officers gang-style tactics ultimately resulted in Alberto’s death, and we demand justice and accountability. Alberto was a loving father and leaves behind his 8 year old son," Carlos Noriega wrote. "The results could have been dramatically different. They didn’t have to kill him! Police are to protect and serve, not hunt and kill!"
A ‘history of excessive force’
Carter’s lawsuit described how she experienced heatstroke and a mental health crisis on July 7, 2022, in Phoenix. She drove to Mesa, where she lived, but was still “ill and confused,” according to the lawsuit.Carter saw a Mesa police car, activated her hazard lights and followed the officer, Drew Lawrence, hoping that he would help, the lawsuit claimed.
Lawrence drove the vehicle for “approximately five minutes and several miles” as Carter followed him. She thought he was leading her to a location to help her, the lawsuit said. Lawrence eventually arrived at the gates of the Mesa Police Department. Carter stayed behind him in her vehicle.
“Lawrence did not turn on his sirens, exit his vehicle, call in to dispatch for back up or attempt to speak to Ms. Carter over his P.A. system at any point in time when Ms. Carter was following his patrol unit or behind him,” the lawsuit said.
Lawrence opened the gate and drove his car inside. Carter believed she was supposed to follow him in, according to the lawsuit. Her front bumper then made contact with the rear of Lawrence' vehicle, at which point he accelerated and exited the vehicle while it was moving.
Lawrence then stood up, turned toward Carter’s car and fired eight or nine shots at her from about 35 feet away, the lawsuit alleged. Several shots penetrated the windshield of her vehicle.
Carter exited the auto and, fearing for her life, ran away. The lawsuit alleged Lawrence could see that she was unarmed and running in the opposite direction. He never activated his body camera or called other officers at the police station, according to the lawsuit.
Lawrence fired two to three more shots at Carter as she ran away, never giving any warnings or commands, the lawsuit claimed. Two bullets hit Carter in the back, and she collapsed.
The lawsuit stated that the Mesa Police Department has an “established history of excessive force incidents,” especially against individuals experiencing behavioral health crises. It noted 13 excessive force incidents from 2016 to 2023, including six in which the city paid out anywhere from $175,000 to $8 million to victims and their families.
In the first six months of 2022, Mesa settled 10 excessive force, assault and wrongful death claims relating to its officers, totaling more than $5.4 million, according to the East Valley Tribune. In November 2022, Mesa paid an $8 million settlement to the widow of Daniel Shaver, an unarmed man shot and killed by police in a hotel hallway, after the city had already paid a $1.5 million settlement to Shaver's parents in July 2021.
The police department has failed to “adequately train its officers in the permissible uses of force and on how to handle individuals who are mentally ill or experiencing a behavioral health crisis,” according to Carter's lawsuit.
Carter, who was 39 at the time of the shooting, is seeking compensatory damages, punitive damages, attorneys’ fees and other expenses.
