(KRQE) states: A case of mistaken identity? A Hobbs woman claims police attacked and arrested her cognitively-impaired brother, seriously injuring him and violating his civil rights. In a new lawsuit, the family made it clear they don’t believe Albert Barela was the suspect who Hobbs Police were after that night.

A black eye, bloody nose, head wound, and cuts on his wrist are some of the visible injuries Barela’s attorney said two officers caused while arresting him. Dashcam video captured by a patrol car the night of January 20, 2021, showed an unarmed Barela riding his bike down West Grimes Street. The first officer runs after him, tackling Barela to the ground. “There wasn’t any sort of emergency whatsoever that would require this type of excessive force,” Attorney Eric Dixon explained.

The footage then showed the two officers holding Barela up. Dixon said the one officer knocked the 62-year-old unconscious, causing several skull and facial fractures that left Barela in a coma and hospitalized for several months.

“He’s an elderly man,” Dixon said. “He wasn’t anywhere near the — in the vicinity and didn’t fit the description of the individual that they were looking for, in any shape or form.” The family’s lawsuit states police were dispatched to a domestic dispute a street over and told to look for 28-year-old Ramon Barrera who was wearing blue jeans and a blue jacket. Court records show police believed Barela matched that description, tried to stop him and Barela ignored the officers, which led to the takedown and arrest.

In the report, the officer also admits he didn’t turn his lapel camera on — another violation — Barela’s attorney claimed.

“We’re going to ask the court for relief, including proper training in the use of force and proper training in de-escalating situations,” Dixon said. He mentioned he’s familiar with other excessive force cases involving Hobbs Police. And in this instance, Dixon not only believes the officers’ actions were unjustified, he believes they violated Barela’s civil rights. Dixon pointed out Barela is well-known in the community and to the police. He believes they should’ve known they had the wrong guy. “This is a life-altering injury that Mr. Barela sustained,” Dixon explained.

Barela actually faced criminal charges of riding his bike in the road, not having a lamp on that bike, and resisting officers during this arrest. A judge dismissed the case in September.

Online court records show no charges were issued against Ramon Barrera, Hobbs Police’s original target that night. The Deputy Police Chief declined to comment, saying the Department has not been served with the lawsuit.