CASTLE ROCK, Colo. — A man who has cerebral palsy is suing three Castle Rock police officers for using excessive force during a traffic stop in 2022.
Hayden Graham said two of the officers were aware of his challenges with speaking and moving because they had interacted with him before as he was homeless and lived out of a motor home.
According to the lawsuit, within minutes of the officers pulling Graham over, two officers decided they would place him under arrest for previous vehicle registration violations.
For 30 minutes, the lawsuit claims, Graham didn't pose any threat to the safety of officers.
When an officer told Graham he was being placed under arrest, the lawsuit says, the officers didn't ask Graham to put his hands behind his back or in any way permit the officers to place him in handcuffs.
Graham's attorney Milo Schwab provided video to 9NEWS that shows officers taking Graham to the ground, and then one officer tasing him.
Content warning: This video shows a man being forcibly arrested and in pain and may be difficult for some people to watch.
"Just wondering why. Why do these officers feel this need? What was so dangerous about this situation with someone they knew was physically disabled, someone they knew struggled to walk, and someone they knew struggled to use his arms?" Schwab said.
Schwab shared a police report that shows an officer reported Graham was driving without a valid license, didn't have insurance and didn't have current registration.
According to the report, Graham attempted to pull his arms to his chest and took a fighting stance when an officer attempted to place an arm behind his back.
In the video, Schwab doesn't see his client become a threat to officers.
Content warning: This video shows a man being forcibly arrested and in pain and may be difficult for some people to watch.
"They didn’t take the time to communicate. They didn’t take the time to make sure to handle a situation appropriately. They went straight to force," Schwab said.
"I was very surprised," Graham told 9NEWS. "You know it was over half an hour interaction and they were chatting it up with me. Having a regular conversation. No indication it was going to go towards being tased at all."
He said his seizures got worse after the arrest.
"Before I was tased I probably had one to three seizures a month, and I was having four to five a week after that for at least six months," he said.
According to the lawsuit, Graham was initially charged with resisting arrest and obstructing a peace officer. The charges were later dismissed, the lawsuit says.
The Town of Castle Rock and the Castle Rock Police Department said they do not comment on pending litigation.
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