Deaf Colorado Man Tased, Jailed for Not Understanding Police Command; Files for Lawsuit Against Police
A deaf Colorado man said that two Idaho Springs police officers had slammed him to the ground, tased him, and arrested him despite his attempts to tell them that he could not understand their police commands.
Brady Mistic was wrongfully jailed for four months over the incident on Sept. 17, 2019, and has filed a lawsuit against the police officers, according to an NBC News report.
The officers involved in the lawsuit were Officers Nicholas Hanning and Ellie Summers. Idaho Springs and the Clear Creek County Board of Commissioners were also included.
Mistic filed the lawsuit in the U.S. District Court last month. It noted that Mistic was alleged to have run a stop sign before he pulled into the parking lot of a laundromat, while unaware that the police had followed him into the parking lot.
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Deaf Colorado Man Arrested
Mistic was blinded by the lights of a parked police cruiser moments after exiting his car, with two Idaho Springs police officers starting to shout commands at Mistic.
The officers claimed that Mistic had resisted arrest, but the Colorado man said he could not hear them as he is deaf in both ears and isn't able to lip-read, according to an NPR report.
Mistic uses American Sign Language to communicate. He argued in his lawsuit that the police violated his civil rights when they violently arrested him without warning.
Raymond Bryant, Mistic's attorney, said that they went to force unreasonably fast and rashly, without any legitimate justification for using force.
He also cited that it is particularly problematic for a person who is disabled like his client.
The lawsuit also noted that Mistic was in jail for more than four months only to have the charges against him dropped eventually.
The Idaho Springs Police Department had released a statement and said that the two officers did not know that Mistic was deaf during the encounter.
The police department had also maintained that Mistic resisted arrest, prompting one of the officers to break his leg.
Former Idaho Springs Police Chief Christian Malanka had also reviewed the matter and found that the officers' actions were right at the time, the department added.
Mistic had also yelled "no ears" after he was on the ground to try to communicate to the officers that he was deaf.
The lawsuit claimed that the officers had ignored him. It also added that emergency medical staff called to the scene noted that Mistic was deaf but neither of the officers tried to have an ASL interpreter around.
Bryant had also argued that his client did not resist arrest but had put his hands up when officers approached him.
The lawyer noted that a person would have to know that they're under arrest to resist arrest.
Mistic was looked at by the doctors and was charged with assaulting officers and resisting arrest, according to a New York Post report.
Mistic is seeking monetary damages for physical and emotional harm, as well as pain and suffering. He was also asking for compensation for permanent scarring and economic damages.
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This article is owned by Latin Post
Written by: Mary Webber
WATCH: RAW: Officer explains why man who is deaf was arrested following traffic stop - from 9News
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