Man who says officer kicked him in face files lawsuit

DES MOINES, Iowa (AP) - A man who says he was kicked in the face two years ago by a Des Moines police officer while he was restrained is suing the now ex-officer, the former police chief and the city of Des Moines.

Orville Hill filed the lawsuit Wednesday in Iowa's federal court, The Des Moines Register reported (http://dmreg.co/1FiTl7u ). Hill's lawsuit seeks an unspecified amount in damages, claiming his constitutional rights were violated.

The former officer, Colin Boone, was fired in 2013 following the incident and faces a second federal trial on March 9 on a charge of unreasonable use of force.

In November, a federal jury acquitted Boone of falsifying records, but the jury couldn't agree on whether he used excessive force in the February 2013 incident.

Hill testified that he crashed his vehicle into a barrier in Des Moines after having a seizure. Videos show Boone kicking Hill while Hill was restrained on the ground, but Boone didn't mention the kick in an official incident report.

Hill's lawsuit says he posed no risk to any of the four officers restraining him at the time he was kicked. His lawsuit also accuses former Police Chief Judy Bradshaw and the city of failing to properly train police and of ignoring Boone's history of using excessive force.

Boone was accused of fracturing a woman's arm during a 2009 arrest and then covering up the incident. The woman sued, and the lawsuit was settled out of court for $52,500.

Publicly listed phone numbers for Boone and Bradshaw could not be found Saturday. A message left for City Attorney Jeffrey Lester at his office, which was closed Saturday, was not immediately returned to The Associated Press.

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Information from: The Des Moines Register, http://www.desmoinesregister.com