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Post 575

Michael Brandan Smirnoff, Federal inmate 17641-002, born, 1992, incarceration intake at age 27, sentenced to 22 months, discharged from custody on 04/20/2021

Use of excessive force by a Law Enforcement Officer

Smirnoff, serving as a police investigator, encountered the victim after a vehicle pursuit. After officers pursued the victim for several minutes on a four-wheeler, the victim stepped off the four-wheeler, laid face down on the ground, and allowed several Tallassee (Alabama) police officers to handcuff him. While the victim was handcuffed and compliant, the investigator lifted him into the air and slammed him to the ground. The investigator then lifted the victim into the air and slammed him to the ground a second time. Moments later, before the investigator placed the victim into a patrol car, the investigator slammed the victim’s head into the side of the vehicle. Throughout the assault, the victim was handcuffed, compliant, and did not pose a threat.

“Mr. Smirnoff not only violated the victim’s constitutional rights by assaulting him repeatedly, he committed a crime that dishonored the whole law enforcement community,” said the U.S. Attorney. “A significant sentence of imprisonment was therefore appropriate in this case, not only to punish Mr. Smirnoff for his actions, but also to deter others from committing acts that lead to distrust between law enforcement and the public.”

“The overwhelming majority of law enforcement officers today are honest hardworking individuals,” said the Special Agent in Charge. “However, the FBI will not tolerate the abuse of the public trust in this manner. Law enforcement is held to a higher standard, and in this unfortunate incident, that standard was not met.”

“This defendant abused his power as a police investigator by assaulting a restrained person in his custody. Officers who willfully use excessive force not only violate the Constitution, they erode the public trust in law enforcement,” said the Assistant Attorney General for the Civil Rights Division. “The Civil Rights Division is committed to protecting victims of these abuses and upholding the Constitution and laws that protect us all.”

Resources from the internet, indicate that Mr. Smirnoff was married six months after his release in October 2021.

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