Quadriplegic man claims Colorado Springs Police tasing led to his paralysis in $100 million lawsuit

COLORADO SPRINGS, Colo. (KRDO) - A quadriplegic man is suing a Colorado Springs Police Officer for $100 million after he claims a police tasing two years ago resulted in his paralysis.

Attorneys for the plaintiff, Jacob Root, claim the officer, Robert Comstock, acted outside of the "Use of Force" policy by tasing Root without explicitly saying he would and deploying the taser while Root was on uneven ground.

However, Colorado Springs Police (CSPD) say they reviewed the use of force and Comstock is in good standing with the department.

KRDO13 also spoke with Dr. Joel Shults, a former police chief and college professor, who specializes in analyzing use-of-force cases. After reviewing the footage and lawsuit, Shults believes Comstock was within his right to tase Root because he delivered multiple warnings that he would use force if Root did not comply with law enforcement.

This is one of three open lawsuits filed by Atlanta-based Civil Rights Attorney Harry Daniels against the Colorado Springs Police Department or a CSPD officer.

"Mr. Root is a little shell of himself," said Daniels. "He can't even brush his teeth. He's going to require around the clock attention for the rest of his life, and you know, those things are not free."

In the federal lawsuit, Daniels outlines facts in the case and arguments that Comstock violated Root's Fourth Amendment rights due to excessive force.

According to the lawsuit, Comstock was working alongside 12 other law enforcement officers in the BATTLE (Beat Auto Theft Through Law Enforcement) task force, a joint operation between CSPD, the El Paso County Sheriff's Office, and the Colorado State Patrol.

After receiving reports of a stolen vehicle, the task force narrowed in on the car at the Aspen Lodge Hotel on North Nevada Avenue, but it was unoccupied. The task force then placed a tracking device on the vehicle.

The lawsuit claims the task force surrounded the vehicle in the Aspen Lodge parking lot, waiting for Root to return to the car. Ultimately, Root fled the scene in his car, striking a police cruiser in the process.

The task force later located Root at a gas station on Airport Rd. Root ran from police and Officer Comstock tased him as he was attempting to flee.

Shults has extensively analyzed police use of force situations, he doesn't believe the officer was out of line in his actions and argues the officer communicated there would be use of force if he didn't stop.

Looking at the lead-up to this gas station altercation, Shults also says Root's behavior showed he was potentially willing to escalate the situation.

Jacob Root's attorneys are suing Officer Robert Comstock individually. 

The lawsuit can be read below.

Below is the full statement from Colorado Springs Police:

Yesterday, the Colorado Springs Police Department was made aware of a lawsuit filed against CSPD Officer Robert Comstock by Mr. Jacob Root, and the Law Office of Harry Daniels, in conjunction with Jolly Law P.L.L.C. CSPD takes these allegations seriously and wants to provide our community with the complete set of facts regarding the incident. The relevant body-worn camera (BWC) footage of CSPD’s multiple attempts to take Mr. Root into custody and the final report and findings from the internal investigation into the officer’s use of force are available for review on the CSPD Cases of Interest webpage. (https://coloradosprings.gov/arrest-jacob-root-and-use-force-investigation)

On May 16, 2022, at approximately 1:30 PM, law enforcement personnel with the Beat Auto Theft through Law Enforcement Taskforce, which includes personnel from the Colorado Springs Police Department, El Paso County Sherriff’s Office, and Colorado State Patrol, located a stolen Ford Fusion in the parking lot of a motel in the 3900 block of North Nevada Avenue. Officers attempted to apprehend the suspect (later identified as Mr. Root) driving the stolen vehicle. The suspect fled in the vehicle, striking a marked police cruiser in the process. Officers have not continued to pursue the suspect at this time, so there is limited BWC footage from this initial contact.

Approximately 20 minutes later, Taskforce officers located the stolen vehicle in the parking lot of a convenience store in the 2500 block of Airport Road. As uniformed officers approached the vehicle, the suspect was walking from the store to the vehicle. When the suspect saw the officers, he fled on foot. Multiple officers pursued the suspect, also on foot, lawfully ordering him to stop. Officers identified themselves as police, and warned force would be used if he did not stop. The suspect continued to run from officers. During the pursuit, an officer with an outside agency attempted to detain the suspect using a tool known as a Bolo-Wrap, but it was ineffective.

Officer Comstock commanded the suspect to stop running and warned that a police canine would be used if he did not stop. As the suspect continued to evade officers and approached Airport Rd, Officer Comstock deployed his taser. The suspect fell, and officers took him into custody. Officers rendered medical aid and called emergency medical services to respond.

During his medical treatment at the hospital, the suspect was found to be paralyzed. While our goal is to complete every call for service in a safe manner, unfortunately, the suspect sustained injuries during his attempt to flee officers, who were readily identifiable and had commanded him to stop.

Any time there is a use of force, especially when it results in serious bodily injury, it is imperative for our department to look critically at the decision-making and context surrounding the use of force. As such, CSPD initiated a level two internal affairs investigation into the use of force by Officer Comstock. After review through the deputy chief, Officer Comstock was exonerated from any policy violation or wrongdoing. CSPD stands by the findings of this internal review. Officer Comstock is a valued employee and is in good standing with the department.

CSPD values transparency and truth in all that we do. To uphold these values for our community, we are providing the final review of the internal affairs investigation and the relevant BWC clips for our community. You can find this information on the CSPD cases of interest webpage.

Ira Cronin, CSPD spokesperson

WARNING: The video below may be disturbing to some viewers

The internal investigation can be read below.