COZAD, Neb. (AP) _ An excessive force lawsuit has been filed over a videotaped encounter in which a Nebraska police officer used a Taser on a man as he sat in a swing in his sisters backyard with his empty hands visible.
Hilario Velasquez, of Lexington, and his sister, Sarah Garrett, filed the lawsuit this past week in federal court against Cozad Police Sgt. John Peden and the city of Cozad, The Lincoln Journal-Star reports.
The suit said the siblings were in the backyard of Garretts home on May 28 when the sergeant demanded to know where their brother was. Cozad Police Chief Mark Montgomery wouldnt say why police were looking for their brother and declined to comment on the lawsuit.
When the sergeant told Velasquez he had to leave, Velasquez said they werent looking for him, and he didnt have anything to do with it, a 50-second video clip shows.
“Just get up and leave, Peden told Velasquez, Peden pointing a Taser at him.
“No, my sons in there, Velasquez said, motioning to the house, a second before the sergeant shocked him, then kept verbally pressing. “Get up.
The siblings attorney, Maren Chaloupka, called it an assault.
Cozad City Attorney Scott Trusdale declined to comment, saying Friday that the city had not yet received official notice of the lawsuit.
Excessive force lawsuit filed over Nebraska Taser incident
