Española Police Department Officer Gabriel Wadt has faced minimal disciplinary action over an October incident in which he slammed a physically compliant and handcuffed man—detained in relation to a noise complaint—to the concrete ground and then berated him in a profanity-laced tirade.

Chris Payne filed a claim for damages with the city later that month, saying he will likely sue over the Oct. 19 battery that left him with a large cut on his face.

The officer reportedly received a verbal admonishment and was sent to a use of force class, which all officers ultimately attended.

A police report states a neighbor called police late at night about loud music coming from Payne’s trailer, and that Payne twice turned the music back up as soon as officers left. On their third response to his home in half an hour, the officers arrested Payne for disorderly conduct, refusing to obey an officer, and violation of a city noise ordinance. Online court records show no such charges against Payne.

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