Davis man alleges excessive force in lawsuit

Published: Wednesday, Nov. 25 2009 7:15 p.m. MST

A Davis County man who was hit several times with a Taser is suing four police officers over what he says was excessive force used against him during a traffic stop in May.

Davis County sheriff's deputy Kevin Rose stopped Bruce Harper's vehicle May 2 on Redwood Road because of a crooked front license plate, according to a lawsuit filed in federal court Monday.

Harper, who did not have a weapon, exited the vehicle to ask Rose why he was pulled over, and the deputy immediately pointed a gun at Harper, according to lawsuit.

Rose was "fanatically screaming" at Harper to get back into his vehicle, according to the complaint. In a police report, Rose said that Harper "refused to comply with my orders to get into the vehicle."

According to the lawsuit, the deputy asked Harper to turn around and put his hands on his head, to which the man complied, and then demanded that Harper get on his knees. Rose's police report differs, saying that when asked to turn around, Harper "would not comply" and began to walk toward the deputy while yelling. The report states that Harper, after advancing close to the police car, did eventually comply, but was yelling and arguing with profanities.

Additional officers, who are also named in the lawsuit along with their employers, arrived and pulled their weapons on the plaintiff, according to the lawsuit. Within 30 seconds, one of the officers shot Harper with a Taser, the complaint says.

Harper was hit with a Taser a few other times, causing him to feel "like his heart was going to explode," the lawsuit states. Each time Harper was hit with a Taser, "he believed he was going to die," according to the lawsuit.

The lawsuit alleges that officers took turns using a Taser on Harper, each time screaming at him to get on his stomach and quit resisting arrest.

The police report states that officers continued attempting to place handcuffs on Harper, who allegedly proceeded to resist.

Harper claims the officers used reckless, excessive force and caused him substantial injury.

Davis County, North Salt Lake, Bountiful and West Bountiful all are named in the lawsuit. Harper is asking for $200,000 plus punitive damages and attorney fees.

e-mail: lgroves@desnews.com

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