Tyron McAlpin has filed a lawsuit against the Phoenix police after he was allegedly beaten and stun gunned on Aug. 19. McAlpin is suing the department for $3.5 million after enduring, what he claims, is excessive force. McAlphin is deaf and living with cerebral palsy, which only exacerbates the physical punishment he says he endured. Attorneys for the Phoenix resident filed a notice declaring his intentions on Nov. 20, ABC News reported.
“We have been given authority to resolve Tyron’s claims for the sum certain of $3,500,000.00. Payment of this amount will resolve all claims that Tyron could bring against the individual officers and the City of Phoenix, including, but not limited to, claims for wrongful arrest, malicious prosecution, excessive force, negligence, assault, battery, defamation, and intentional infliction of emotional distress,” court documents state.
McAlpin’s first encounter with the Phoenix Police department was abrupt, according to body camera footage. Officers Benjamin Harris and Kyle Sue responded to a call at a Circle K store located on Indian School Rd. A store clerk was seeking help in removing an unruly customer. Once on the scene, the customer pointed out McAlpin, who was not in the store at the time, and claimed he was assaulted.
According to reports, the officers did not attempt to question nor investigate the claims before approaching the disabled man. Harris approached and commanded McAlpin to stop. Unable to hear the officer, McAlphin said he had no time to respond before he was thrown to the ground and stunned four times.
After receiving a brutal beating, McAlpin was jailed for over three weeks in Maricopa County, the lawsuit states.
“Tyron suffered severe physical, mental and emotional pain and suffering” because of the beating and “was falsely arrested and was deprived of his freedom for 24 days” because of the false report, the notice said.
The Maricopa District Attorney later dropped the charges against McAlpin. The release of body camera footage led to a public outcry. Sue and Harris are currently on administrative leave pending an investigation.
In addition to McAlpin’s lawsuit, Phoenix Police Department is facing scrutiny from the United States Department of Justice. The DOJ released a report stating the Phoenix Police regularly violate constitutional rights by racially profiling and discriminating against Black people.
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