A lawsuit filed on behalf of a suspect attempting to elude police officers was filed Tuesday in U.S. District Court in Columbus against the Columbus suburb of Perry Township, its board of trustees and a township police officer. (Complaint)
The suspect was scaling a fence last August attempting to escape police when he was tasered on the fence and fell head first on to the concrete, receiving serious & debilitating injuries. The suit charges police violated the suspect's constitutional rights, seeks unspecified compensatory damages against the officer and the township, and punitive damages against the officer.
The filed complaint references cases such as the Supreme Court's Tennessee v. Garner (1985) – which also involved a suspect attempting to elude police over a fence – which held that the "use of deadly force against an apparently unarmed, non-dangerous fleeing suspect may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."
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