Birmingham, Alabama: Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division, US Attorney Joyce White Vance and FBI Special Agent in Charge Roger C Stanton announced the indictment of Madison police officer Eric Parker, 26, for using unreasonable force against Sureshbhai Patel on February 6.

A civil rights violation carries up to 10 years in prison, while the state’s charge against Parker is for misdemeanor assault, which carries up to one year in jail only.

The one-count felony indictment filed in US District Court charges that  Parker, while acting in his official capacity as a police officer, injured Patel by slamming him to the ground. The indictment identifies the victim only by initials, ‘SP.’

‘Police officers are sworn to uphold the law and protect the public. The public must be able to trust the police,’ Vance said. ‘Law enforcement officers who violate their oath to protect and use excessive force must be brought to justice.’

According to the indictment, Parker's actions deprived the victim of his right under the US Constitution to be secure from unreasonable searches and seizures, which includes the right to be free from unreasonable force by someone acting under color of law.

Vance said a federal grand jury indicted Parker for deprivation of rights under color of law. She said that includes the constitutional right to be free from unreasonable force. 

Parker has pleaded not guilty and the bench trial is set for April 29.

Parker is on administrative leave pending the outcome of the criminal charges.

Alabama Governor Robert Bentley wrote a letter apologizing to Patel and to India.

According to al.com, during a press conference in Birmingham, Vance said: "Most police officers we work with...are people who care deeply about their community."

When asked if the case was more sensitive than others due to the intense interest from India, Vance said: "I like to think that we've always been sensitive...this case is like every other case."

Patel's attorney, Hank Sherrod, said: ‘Mr. Patel and his family are very pleased by the prompt and decisive action of US Attorney Joyce Vance and the federal grand jury. For the public to trust police officers, it needs to know officers will be held accountable, and the felony civil rights charges filed against Parker, unlike the misdemeanor assault charge being pursued in state court, more accurately reflect the seriousness of Parker's conduct.’

But Parker's attorney, Robert Tuten, said that he was surprised by the federal indictment. ‘Normally these thing take a little longer than that,’ said Tuten. He said he was also ‘a little bit surprised’ that Parker was being charged by both the US Department of Justice while also facing a state charge of third degree assault. "He feels like he's being whaled on from all sides," said Tuten, according to al.com.

Patel, who does not speak English, had arrived in the country about a week earlier. His son, Chirag Patel, is an engineer for a government contractor.

Chirag Patel said his father had received permanent resident status and had come from the Indian town of Pij to help care for his 17-month-old grandson. He said his father liked to take a walk in the morning.

Video from a dashboard camera shows Parker and another officer confront Patel. At one point, Parker slams the 57-year-old Patel to the ground. Madison police later called paramedics. Patel was left partly paralyzed. He was transferred from Madison Hospital to Huntsville Hospital where he underwent spinal surgery.

Patel has been in the care of Healthsouth Rehabilitation Center in Huntsville. Sherrod said Patel has made tremendous progress in his recovery.’  

‘Recently, Mr. Patel was able to walk a short distance on his own using a walker, an important milestone in his recovery,’ said Sherrod. ‘In the near future, Mr. Patel expects to be released to the home of his son, Chirag, where he will continue his therapy.’ 

Vance said Parker will receive a notice to appear for his upcoming federal arraignment. Parker has not been arrested. "An allegation is not proof of guilt," she said of the grand jury indictment.

Tuten said he expects that Parker will plead not guilty to the federal charge.

The indictment of Parker for "deprivation of rights under color of law" lists the right "to be free from unreasonable seizures, which includes the right to be free from the use of unreasonable force by one acting under color of law."

Patel's attorney, has also filed a federal suit against Parker and against the City of Madison. The civil suit is on hold pending resolution of the criminal charges.

New York attorney Ravi Batra on Federal charges

“Federal Grand Jury, made up of the good and decent citizens of Alabama, by voting a True Bill and indicting Eric Parker for his deprivation of Sureshbhai Patel’s federal civil rights have vindicated society’s right to be free of unreasonable searches and seizures, especially by one acting under color of law and using unreasonable force.

This indictment enhances public confidence in President Obama's Department of Justice’s continuing role to protect vital civil rights of all Americans - especially, when states’ prosecutorial offices fail to do so, as in this case with a mere misdemeanor charge coupled with a civil liability-evasion tactic: termination. Its worthy of note, that Madison Police Department was not indicted, and unfortunately the pending amended civil suit does not seek to hold the Police Department or the City of Madison liable for such federal civil rights deprivation.

That we just celebrated the lessons of 1965 Bloody Sunday in Selma, where local state government under color of law was guilty of massive unreasonable seizures and use of unreasonable force, is a telling reminder of the importance of our Federal Department of Justice to protect our federal Constitution, and to insure that the historic Bill of Rights is alive and well in America - even in Alabama.”