Minneapolis Star Tribune
MINNEAPOLIS — The 18-year-old man who said a Minneapolis police officer used a TASER on him after his surrender filed a civil lawsuit Friday.
The suit by Rolando Demetrio Ruiz, filed in Hennepin County District Court, names the city, Police Chief Tim Dolan, officer Todd Lappegaard and unknown officers. Ruiz’s lawyer Albert Goins has released video footage of the April 30 incident and has said Lappegaard was the officer who held a TASER to the back of Ruiz’s neck for at least 15 seconds.
The lawsuit seeks, among other things, reasonable damages between $75,000 and $400,000 as well as punitive damages and a jury trial. Goins notes that its claim of civil rights violations is not capped by state law and could exceed $400,000.
City spokesman Matt Laible said that he didn’t know whether the city has received the suit, but expects officials to review it and respond accordingly. Sgt. William Palmer, a police spokesman, said he was not authorized to give a response at this time.
Earlier in the week, Dolan released a statement calling the incident “very disturbing.” He also said he was asking the FBI and the city attorney’s office to review it.
Goins said he hasn’t received any formal or written notice from the police about an FBI review or anything from the city attorney’s office in response to his notice of claim. “In light of that, my position is that I’ll let my lawsuit do the talking,” Goins said.
Along with the civil rights violations, the suit lists nine causes of action. Among them it cites a 2002 incident in which Lappegaard was driving a squad car that made contact with a sport utility vehicle driven by a woman fleeing police. The SUV later ran off the street, hitting and killing a Richfield man who was out jogging.
The city “knew or should have known of Defendant Lappegaard’s propensity for reckless and heedless behavior likely to endanger the life and physical safety of Minneapolis citizens,” the lawsuit said.
Also it raises a claim of damages for a bias offense, calling the incident the equivalent of second-degree assault that may have been motivated by Ruiz’s African-American and Latino heritage.
The TASER incident came as Ruiz was being arrested on suspicion of property damage outside the department’s 2nd Precinct headquarters, in northeast Minneapolis. Ruiz took a landscaping brick and threw it at a vehicle owned by another officer, according to the criminal complaint in the case.
On Thursday, Ruiz pleaded guilty to a gross misdemeanor in Hennepin County District Court. He was sentenced to 62 days -- which he already has served -- as well as two years of probation and a $50 fine.
Copyright 2009 Minneapolis Star Tribune