Air Force captain detained at his own home sues Monterey County Sheriff.

The U.S. Air Force officer detained by Monterey County sheriff’s deputies after neighbors reported seeing a suspicious man in a hoodie prowling around a Carmel Woods home has filed a federal lawsuit against the Sheriff’s Office and the deputy who detained him.

Air Force Capt. Nicolas Aquino, a student at the Naval Postgraduate School at the time of the incident last Dec. 13, was in his own backyard, looking for a package that had been errantly delivered, when a neighbor who didn’t recognize him called the sheriff.

Aquino’s complaint, filed Monday in U.S. District Court, alleges sheriff’s Deputy Ivan Rodriguez wrestled him to the ground after Aquino showed – but refused to hand over – his military identification.

Aquino was handcuffed and put in the squad car. His suit alleges two deputies then searched his home without a warrant. When Aquino was given the chance to prove he lived in the home by retrieving some mail, he was released. The suit alleges that when his wallet was returned to him, it was missing $50.

Since the incident, Aquino and his wife moved from Carmel and now reside in Marina. “I didn’t feel safe in that area,” he says. “After being assaulted for being a Hispanic male entering his own residence… It was terrifying. I couldn’t sleep.”

Among the allegations made in the federal suit are that Aquino’s Fourth Amendment rights against unreasonable search and seizure were violated, and that the county and Sgt. David Murray, Rodriguez’s supervisor, perpetuate an “informal custom or policy which tolerates and promotes the continued use of excessive force, false imprisonment, and violation of the civil rights of Latin American citizens by police officers.”

The Weekly first reported the story in April. Public outcry and national media attention followed, and the District Attorney’s office on April 28 dropped a charge of interfering with a police officer.