A federal choose this month dismissed a lawsuit alleging a Colorado Springs police officer used extreme pressure on a person who was shot with a Taser, fell and broke his neck in Might 2022.
The person, Jacob Root, sued officer Robert Comstock two years after the incident during which Root ran from police after he was noticed inside a stolen automotive.
Comstock shot Root with the Taser with out first giving a verbal warning as Root was operating. Root fell head-first down a slope, throughout a sidewalk and onto a roadway. His attorneys wrote of their Might 2024 grievance that Root’s legs and arms have been paralyzed in consequence.
“Defendant Comstock’s unjustified, violent use of pressure and seizure of Mr. Root brought about Mr. Root to fall, breaking his neck, leading to his quadriplegia,” they wrote. “Mr. Root skilled nice bodily ache, harm, terror and was uncovered to nice threat of demise.”
Root’s attorneys additionally alleged the Colorado Springs Police Division had “a customized and follow of utilizing and ratifying extreme pressure,” criticizing its resolution to not punish Comstock and citing giant settlements awarded after the officer-involved taking pictures of De’Von Bailey, the beating of Dalvin Gadson and different incidents involving the division.
Root sued Comstock and the town for $100 million. On March 5, U.S. District Decide Daniel Domenico ordered the case be dismissed, writing that Comstock’s use of a Taser was justified, given how Root was operating towards a busy avenue and was suspected of stealing a automotive and utilizing it to strike a police car whereas evading officers earlier within the day.
“Nobody disputes the tragedy that occurred,” Domenico wrote. “However that devastating consequence doesn’t issue into the evaluation which should deal with what the officer knew earlier than the choice to make use of pressure.”
The choose additionally wrote that Comstock can be entitled to certified immunity regardless and described Root’s allegations in opposition to the town as “conclusory.”
“The amended grievance fails to establish any coverage that condones extreme pressure, and it fails to allege the town’s precise extreme pressure or Taser insurance policies are unconstitutional,” he wrote.
The case was dismissed with out prejudice, which means it may very well be filed once more if extra proof or stronger authorized arguments are offered.
An lawyer for Root didn’t instantly reply to a request for remark Saturday.
Signal as much as get crime information despatched straight to your inbox every day.