A recent federal court ruling has dismissed a lawsuit that accused a Colorado Springs police officer of using excessive force on a man who was shot with a Taser, fell, and broke his neck in May 2022. The incident involved Jacob Root, who sued officer Robert Comstock two years after the altercation, which occurred when Root fled from police after being seen inside a stolen vehicle.
Comstock deployed the Taser on Root without providing a verbal warning as Root was running, causing him to fall headfirst down a slope, across a sidewalk, and onto a roadway. As a result, Root suffered paralysis in his arms and legs. In their complaint filed in May 2024, Root’s attorneys argued that Comstock’s actions were unjustified and violent, leading to Root’s quadriplegia, physical pain, injury, terror, and a risk of death.
The lawsuit also alleged that the Colorado Springs Police Department had a history of using and endorsing excessive force, pointing to previous incidents like the officer-involved shooting of De’Von Bailey and the beating of Dalvin Gadson. Root sought $100 million in damages from Comstock and the city. However, on March 5, U.S. District Judge Daniel Domenico dismissed the case, stating that Comstock’s use of the Taser was justified given the circumstances of Root’s actions and the potential danger he posed.
Judge Domenico emphasized that the focus should be on what the officer knew before deciding to use force, rather than the tragic outcome that occurred. He also noted that Comstock would have qualified immunity and deemed Root’s allegations against the city as unsubstantiated.
While the case was dismissed without prejudice, allowing for the possibility of refiling with additional evidence or legal arguments, Root’s attorney has not provided any immediate comment on the ruling.
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