Lawsuit against Cleveland officer moves forward

CINCINNATI (AP) — A Cleveland man can move forward with his excessive-force lawsuit against a Cleveland police officer who used a stun gun on him while he was shirtless, unarmed and kneeling with his arms in the air.

A Wednesday ruling from the 6th U.S. Circuit Court of Appeals in Cincinnati turned down Officer James Simone’s request to have the lawsuit thrown out.

Simone had argued that using a Taser stun gun on Rafael Correa was appropriate, saying he was responding to a report of an armed suspect on May 15, 2010, and didn’t know if Correa had a gun.

Correa sued five months after being stunned for excessive force, false arrest and battery. He’s seeking a minimum of $75,000 in damages.

Simone’s attorney did not immediately respond to a message seeking comment.

WKBN 27 First News provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. No links will be permitted. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review.

blog comments powered by Disqus