Court grants officer immunity in Fort Worth fight, alleged victim appeals

FORT WORTH — Gustavo Ayala Santander is waiting for the United States Fifth Circuit of Appeals in New Orleans to reinvigorate his chances to take a former Fort Worth police to court on excessive force allegations.

The 29-year-old is suing the peace officer for an incident in February 2022 outside of the Texas Republic in Fort Worth.

"I was in line trying to go downstairs into the parking lot area. And the bouncers told me it was locked out for a reason," Ayala said.

Ayala said he was waiting for his wife to arrive when a clash with the officer happened. Salazar wrote in a report Ayala became agitated when he couldn't get in through an exit.

According to Fort Worth Police documents, Salazar stated Ayala pushed an exit barricade into the officer. Additionally, he said the father and husband squared up in a fighting stance. The officer said he punched Ayala after getting pushed in the chest.

"I was wondering... I was looking around seeing what I had done wrong, but I was confused," Ayala said. "I was really confused."

Attorney Blerim Elmazi took exception to Salazar's account, especially after an internal investigation found his version was inaccurate.

"We believe that this officer got angry, got violent, and then after the fact decided he would make up facts to justify an arrest," Elmazi said.

The internal investigation supported the officer's recollection of the barricade and the push as Ayala and the officer's encounter became more physical. Police said Salazar failed to mention when he shoved the man in the back to the ground, and the incident then evolved into Salazar's punch.

Ayala said he remembers seeing the ground.

"And that's whenever he decided to use force and punch me in the face and to the point where he knocked me down to the ground," Ayala said. "And after that, I was just in handcuffs."

Pictures taken by investigators obtained by CBS News Texas show blood on his lower face. Ayala was arrested for public intoxication. He said the charge got dropped.

He filed the lawsuit in July 2022. Salazar was indefinitely suspended or terminated in January 2023 by FWPD after 15 and a half years of service with the department. Kenneth East, his attorney, offered no comment because the case is pending appeal despite getting the immunity victory in March.

"It stops a lawsuit in its tracks, stops our ability to gather further information or to, you know, diligently prosecute these claims," Elmazi said.

According to the Texas Commission on Law Enforcement, Salazar works at the Southwestern Baptist Theological Seminary Police Department. But it's not a full-time position.

In the meantime, Ayala said his family hopes to put the incident behind them one day. He said he had not returned to the establishment since his clash with Salazar