Charges against Shawn Hudson for obstructing a police officer were dismissed after a judge saw video of police shooting him with the Taser, according to the lawsuit.
"I instantly felt a burning, pulsing sensation. I can't compare it to anything. And it seemed to go on forever," Hudson said. "I couldn't move, I couldn't do anything. All I could do is scream in my head, I couldn't believe how much it hurt."
Police arrested Hudson on Dec. 30, 2010 after they responded to a domestic disturbance call on Potter Drive in Colorado Springs. In police reports, officers say Hudson was drunk, aggressive, argumentative and wouldn't answer questions. They arrested him for refusing to obey officers' commands.
Hudson, 36, was put in a holding cell at the Stetson Hills substation while officers revoked his parole for a drug conviction. Hudson spent three months in jail after the arrest on the prior charge.
Jail video obtained by 9Wants to Know shows Hudson lying on a bench inside the jail cell. The video, which doesn't have any audio, shows Hudson stand up, turn around, turn around again, then walk toward the officers and stop. A second later, Officer Alan Marks fired a stun gun at him. Hudson falls on the floor and lays there while police handcuff him.
Police reports tell a different version of events.
When officers went into the cell to take Hudson to the El Paso County Criminal Detention Center, Officer Marks claims Hudson refused his orders and glared at him. According to his police report, Marks then told Hudson, "OK, we're going to do this another way."
"I told Hudson to step back and before I could finish my sentence, Hudson turned around and glared at me again and rushed toward me an aggressive manner," wrote Marks in his report.
Marks then fired two electrical probes into Hudson, hitting his chest and waist. He was shocked for five seconds with 50,000 volts.
"I was appalled by the lies that they said, not only from the one officer that wrote the report, but the other officers that were involved," Hudson said. "It's like they all got together and were talking about it and tried to make me look like a bad guy even though I complied with what they said."
In police reports, officers say Hudson removed the two electrical prongs from his own body. But Hudson maintains that they officer ripped them out of his torso, leaving scars. The video appears to show the officer removing the prongs.
Paramedics took Hudson to the hospital because he was complaining of chest pains. He has $5,000 medical bills which he says he can't afford to pay and says he still suffers from chest pains occasionally.
Colorado Springs police say they will investigate the case to make sure that their policies and procedures were followed.
"Obviously, there's more to the use of force than what you're seeing on the video," Sgt. Darrin Abbink of the Colorado Springs Police Department said. "We are going to look at the reports to see why the officer thought that the use of force was necessary. There was a lot that went on before Hudson was taken into custody."
Hudson's attorney Lonn Heymann says it doesn't matter how Hudson may have acted earlier in the day, he says it only matters how he was behaving at the time he was shot with a stun gun.
"I'm sure every police department teaches officers they can't take out their anger or revenge on inmates just because they felt emotionally snubbed," Heymann said. "It's hard to believe that this was anything other than malice on the part of the police officer."
Since Hudson was on parole when he was arrested for not cooperating with police, his parole officer revoked his probation.
Sgt. Abbink says he does not know why there was a discrepancy between the officer's report about what happened and the video.
"We will have to look at that what happened during the entire contact. Was that enough for the officer to reasonably fear for his own safety and think that he was about to be assaulted. If someone is not obeying commands and coming toward you, that may be sufficient for an officer to feel there's a threat there," Abbink said.
The lawsuit against the department was filed in federal court Thursday and asks for an unspecified amount of damages.
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