Federal Lawsuit Says Collegedale Officers Used "Deadly Force" In Arrest

Thursday, December 29, 2011

A federal lawsuit filed against the city of Collegedale and three of its police officers claims the officers used "deadly force" in an arrest.

The suit filed by John Dewayne Henry names officers David Burgess, Rick Harris and Brandon Allen.

It claims Mr. Henry was slammed to the floor, kicked and that a stun gun was used on him during an arrest on Christmas 2010.

Attorney Robin Flores filed the suit, which asks $100,000 compensatory damages and $200,000 punitive damages.

In the incident at 5168 Chestnut Creek Road in Collegedale, it was claimed that the officers entered the house without permission.

The suit says the plaintiff was trying to get on the floor as ordered when he was shot by Officer Allen with the stun gun. It says Officers Harris and Allen "body slammed" him to the floor and that officer Burgess kicked him in the rib cage as he was lying face down.

It says a relative told the officers that the plaintiff recently had open heart surgery and that a stun gun was not necessary.

The plaintiff was charged with resisting arrest.

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