By Vince Tuss
Minneapolis Star Tribune
MINNEAPOLIS, Minn. — Backed by video footage, a Minneapolis man is claiming police used a Taser against him after he surrendered and put his hands on the hood of a squad car.
Rolando Demetrio Ruiz, 18, has filed a notice of claim alleging civil rights and other violations in the April 30 incident. The notice cites the city, Police Chief Tim Dolan, officer Todd Lappegaard as well as other unknown and unnamed Minneapolis officers.
The claim and video are the latest to raise questions about Minneapolis police conduct, especially in the use of force. In August, Dolan ordered all officers to watch video of a February incident in which six officers punch and kick a man face-down in a snowbank.
Citing the potential litigation, police spokesman Sgt. Jesse Garcia declined to comment on the Ruiz allegations. A police report from the incident and a criminal complaint were not available.
On Monday, lawyer Albert Goins showed what he said was video of what happened about 10:50 p.m. that night as Ruiz was surrendering after an incident involving damage to property at the Second Precinct headquarters, on 19th Avenue NE. near Central Avenue.
The video, which includes sound, starts with Ruiz facing a car with his hands on the hood. An officer approaches from behind and places a Taser against the back of Ruiz’s neck for 15 seconds. In the notice and in an interview, Goins identified the officer as Lappegaard.
“For an individual facing a property crime case and in custody, that’s an outrageous amount of force,” Goins said, adding that officers are required to use the least amount of force to take people into custody.
Goins declined to say how he got the video. He showed 75 seconds of footage, saying his client didn’t want any more released.
Their hope, Goins said, is that the city reviews the tape and deals with the claims as well as the behavior, citing other recent incidents. If the city doesn’t respond by the end of the month, Goins expects to pursue the claims in U.S. District Court. In the notice, Ruiz is asking for damages in excess of $75,000 plus attorney fees.
Ruiz is facing a felony property damage charge, which Goins said was tied to the dollar amount of the damage. He isn’t representing Ruiz in the criminal case so did not want to comment.
According to state court records, Ruiz pleaded guilty in Scott County District Court in August to second-degree assault and, in a separate incident, to a gross misdemeanor charge of failing to stop for an accident.
Ruiz hasn’t decided yet to file a civilian review complaint. “We didn’t feel we could wait,” Goins said. “Six months have come and gone.”
Copyright 2009 Minneapolis Star Tribune