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Police Liability - Excessive force - Violation of civil rights - Plaintiff tasered after he had already been restrained - Facial contusions and abrasions with edema - Electrical injuries causing mild brain damage and cardiovascular damage.

Allegheny County, PA

In this excessive force and violation of civil rights case, the male plaintiff contended that the defendant officers used excessive force on the plaintiff after he had already restrained. Specifically, the plaintiff contended that the defendant officers tasered him while he was restrained. The plaintiff further alleged that a videotape of the incident was caught on a security camera. However, the defendants alleged that the camera had malfunctioned at the time of the incident. The defendants also maintained that only the force required to execute an arrest was used.

The evidence revealed that the defendant officers were placing the plaintiff under arrest in the city of Pittsburgh when they allegedly maliciously and sadistically slammed the plaintiff’s face onto the cement while the plaintiff was handcuffed face down. The defendant officers then proceeded to use a taser on the plaintiff while he was restrained face down on the ground. The plaintiff maintained that the event was captured on security cameras. However, the tape could not be retrieved by the plaintiff as the defendant told the plaintiff that at the time of the incident, the security camera had malfunctioned.

The plaintiff claimed that he suffered facial contusions and abrasions with edema, taser electrocution causing mild brain damage and cardiovascular damage. The plaintiff alleged that the defendants used excessive force, subjected plaintiff to cruel and unusual punishment, and violated his civil rights.

The defendants contended that the plaintiff and a companion were seen smoking from a glass pipe and that the defendant officers were dispatched to the scene. Upon arriving at the scene, the defendants found the plaintiff to be combative and belligerent and the plaintiff was placed under arrest. Only the force necessary to subdue the plaintiff was used to place him under arrest according to the defendant.

The jury found no negligence against the defendant officers.

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