Jury sides with Illinois man in excessive force lawsuit
BENTON, Ill. (AP) - Jurors in southern Illinois have found in a federal civil lawsuit that an Olney man was the victim of excessive force when law enforcement officers stopped him near Benton in April 2012.
The jury verdict comes after a four-day trial at the federal courthouse in East St. Louis. It includes more than $32,000 in compensatory and punitive damages for 35-year-old Isaac Capps, who initially sought a $3.6 million settlement, the Southern Illinoisan (http://bit.ly/1V6qWJt ) reported.
Named as defendants in the case are three Illinois State Police troopers, two Franklin County deputies and a West Frankfort police officer. Attorneys representing the six law enforcement officials said they're considering the next steps. The defendants have until the end of the month to seek an appeal.
On April 17, 2012, Capps was pulled over after another driver reported to police that it appeared that he and a female passenger were involved in a domestic dispute.
Capps alleged that officers excessively used stun guns after he declined to take a field sobriety test.
A video of the incident appears to show an officer grab Capps' arm to arrest him, at which point Capps spins around, prompting officers to surround him, take him to the ground, and activate their stun guns.
Capps was arrested for driving under the influence, resisting arrest and for having an open container of alcohol in the vehicle. He pleaded guilty to the open container charge, which stemmed from his female passenger, and the other charges were dropped.
Franklin County Sheriff Don Jones said he believes that all of the officers involved in the incident followed proper protocol in restraining an uncooperative suspect.
"I can tell you, I don't feel like my officers did anything wrong," Jones said, adding that "a Taser is used to protect the individual as much as the police officer."
The two deputies who work for the sheriff's department did not and will not face disciplinary action, Jones said.
No criminal charges have been filed against the six law enforcement officials.
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Information from: Southern Illinoisan, http://www.southernillinoisan.com