Man reportedly paralyzed after being tasered by Colorado Springs police officer files lawsuit – Boston News, Weather, Sports

COLORADO SPRINGS, Colo. (KOAA) – A Colorado man is suing a Colorado Springs police officer for $100 million after he was tasered and reportedly paralyzed in May 2022.

The lawsuit states that on May 16, 2022, Jacob Root was in a reported stolen vehicle at a Kum & Go near Airport Road and South Circle Drive. Root’s attorney said more than a dozen law enforcement officers from the Colorado Springs Police Department and the El Paso County Sheriff’s Office and the Colorado State Patrol worked as part of the Beat Auto Theft Through Law Enforcement (BATTLE) Task Force to to track down the stolen vehicle.

The lawsuit says officers watched as Root entered the gas station. As he walked outside, the lawsuit said Root began running when he saw the officers. Body camera video provided by Root’s attorney shows CSPD Officer Robert Comstock beginning to chase Root. Moments later, the video shows the officer berating Root as he runs down a slope of dirt and rocks toward the sidewalk along Airport Road.

Body camera video shows Root falling face-first over the curb after being tasered. The lawsuit said he broke his neck and was now paralyzed.

The lawsuit details another incident earlier in the day. The same stolen vehicle reportedly rammed a police cruiser as task force members tried to stop it from leaving a hotel on North Nevada Avenue. Root’s attorney provided four minutes of body camera video of the tasing incident and did not include video of any previous incidents.

Harry Daniels, Root’s attorney, said Officer Comstock was not following policy when he tasered the man. Daniels said under CSPD policy, officers are not allowed to harass anyone who is in an elevated position and must warn the person before using force.

“You cannot shoot a person in an elevated position. You can’t shoot a person with a Taser without warning,” Daniels said. “He didn’t warn him, shot him in the back and caused him to fall.”

CSPD’s use of force policy states that officers will not use a Taser if a person is in an elevated position or in a location where a fall could result in significant injury or death, unless the officer has approval from superiors or the situation is urgent. The policy also says officers must give a clear verbal warning before using force.

CSPD said it reviews all uses of force internally. A spokesperson said the department is still reviewing internal documents and facts surrounding the incident and is not commenting on the lawsuit at this time. CSPD said Officer Comstock is still with the department and has a good reputation.

The lawsuit names Officer Comstock as an individual defendant. Daniels said the lawsuit was not filed against the Colorado Springs Police Department because an officer’s actions were “unconstitutional.”

“The city has an amazing use of force policy. The problem is that the police officer doesn’t comply. That’s the problem,” Daniels said.

On Friday, Colorado Springs police responded to the complaint, providing additional details and a statement, part of which you can read below.

Whenever a use of force occurs, particularly when it results in serious bodily harm, it is essential for our department to critically examine the decision-making and context of the use of force. Because of this, CSPD initiated a second-level internal investigation into Officer Comstock’s use of force. After review by the Deputy Chief, Officer Comstock was cleared of any policy violations or misconduct. CSPD stands by the results of this internal review. Officer Comstock is a valued employee and has a good reputation within the department.

CSPD values ​​transparency and truth in everything we do. To uphold these values ​​for our community, we provide our community with the final internal affairs investigation review and relevant BWC clips. This information can be found on the CSPD website for the relevant cases. Colorado Springs Police Department

According to the department, Officer Comstock indicated to Root that force would be used when they announced the use of a K9 officer. After Root continued running and Comstock deployed his Taser, the department said a Level 2 internal investigation into Officer Comstock’s use of force was conducted and he was exonerated.

The department released additional body camera footage from other officers working on the scene.

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