United States Court of Appeals affirms decision to dismiss $100 million lawsuit against CSPD
COLORADO SPRINGS, Colo. (KRDO) -- An appeals court has affirmed a lower court's decision to dismiss a $100 million lawsuit against the Colorado Springs Police Department (CSPD), court records show.
The lawsuit was filed by a quadriplegic man who said that a tasing by officers resulted in his paralysis.
READ MORE: Quadriplegic man claims Colorado Springs Police tasing led to his paralysis in $100 million lawsuit
According to police, Jacob Root fled from officers. Root's lawsuit said he was on uneven ground, and the taser prevented him from using his arms to break his fall. Root's attorneys said he "fell head-first down the decline and broke his neck," court documents say.
The lawsuit alleged that using the taser on an uneven surface was an unreasonable use of force and a violation of the Fourth Amendment.
Court records say CSPD filed a motion to dismiss the lawsuit, which was granted by the district court. The court affirmed that the act was protected under qualified immunity, and "Mr. Root failed to allege facts showing any policy or custom caused the alleged violation."
The case later went to an appeals court, and on Jan. 14, it sided with the district court's decision.
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