The Miami-Dade County Courts has a special responsibility in the face of race-based violence.
In January 2017, the city of Miami, Florida, announced that a judge had been removed from his position due to his handling of a case in which a Black woman had accused her attacker of rape.
The case was a misdemeanor domestic violence charge, which could have been resolved by a plea bargain or dismissal.
Instead, the accused accused, the unnamed woman, had filed a civil suit in federal court against the man and his wife.
The judge in the case, Richard S. Kapp, was removed from office on May 3, 2017, and subsequently fired from his job.
After the dismissal, the man sued the city and the county, claiming that the dismissal violated the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.
“This case is about whether a man should be allowed to run the criminal justice system if he was so cavalier in the way he handled the domestic violence complaint against him,” attorney Paul Daley, who represented the woman in the suit, told me in an email.
In the complaint filed in the court, the woman alleged that Saldaña had struck her in the head and stomach in an argument at their home.
At the time of the alleged incident, the alleged victim had been out of jail for over a month after serving time for aggravated battery on a man, which was a felony.
She was also on probation for an assault on a neighbor, which she said was a minor misdemeanor, and the alleged assailant was awaiting sentencing for the assault.
In the criminal complaint, the victim said that when she went to confront Saldanas violent behavior, she “was shoved against a wall and struck several times.”
“It was an ugly incident, but in a case of domestic violence, he should have been more cautious and not escalated it,” Daley said.
“This man should have just walked away and told her he would not tolerate this type of behavior.”
According to the woman, the incident was reported to the Miami-based city of Coral Gables Police Department.
A detective was dispatched to the home and investigated the matter, but was not able to substantiate the allegations.
According to the police report, when they arrived, the detective noticed that the woman was wearing a mask and gloves, and that her eyes were bloodshot.
The detective spoke to the victim, who told them that Saldeña had kicked her in her face several times and that she “felt like a piece of meat.”
Saldas attorney, Michael T. Pacheco, said in a statement to The Daily Beast that he was unaware of the allegations and that the officer did not identify himself as a police officer in the police reports.
“As a member of the Miami Dades police department, I am fully aware of the issues that this officer had to deal with when responding to the report,” Pachein said.
Pachin added that the police department had been notified of the allegation before the dismissal was announced.
The police report went on to describe Salds actions during the incident.
When the detective asked the woman what she was wearing, the police said, she told him, “I don’t know.”
The detective said he asked Saldans “if he was wearing any type of mask.”
Saldeas response was, “He’s not wearing a face mask, I told him.”
When the detective pressed further, Saldeans response was that he did not know whether or not he had a mask on, and said, “Yeah, I guess you would say so.”
The detective told Salde as much, and then told him he was “going to have to use force” to get her to take her mask off.
Saldean responded by saying that he had to go “get that [mask] off,” which Pachere said was an admission that he “had to use a taser.”
Pache said that Salfas response “went to the next level” and “went into a state of shock.”
“When he got the mask off, he immediately started punching her in both arms,” Pach told me.
The man then ran away, according to Pache, before Saldanas body camera was turned on and recording.
According in the statement, Saldadeas body camera recorded the incident, as well as the arrest, and audio of the encounter.
The footage was later released to the media.
After Saldades arrest, he was transferred to the county jail for being arrested on a charge of resisting arrest.
Pase claimed that the charges against him were “political” and that he never committed a crime.
Saldadeans attorney, Pachech, did not respond to multiple emails requesting comment from me on the incident nor to a phone message left at his office.
The allegations against Sald