The lawsuit alleges officers used excessive force against Eagle Point man Jonathon Wolf, on June 21st, 2020.
Officers were trying to arrest wolf on an outstanding warrant when he fled on foot.
The lawsuit says officers tased Wolf, while he was standing in the creek, causing him to fall face down in the water.
It says he was, “completely incapacitated, unconscious, floating in the contaminated water with his face completely submerged and a taser prong buried in his brain.” The suit says the use of force was objectively unreasonable under the circumstances and constitutes excessive force.
We reached out to the Eagle Point City Administrator for comment, we declined to comment, citing the pending litigation.
We’re also learning one of the officers in that lawsuit involving a taser, was also one of two police officers on the scene in 2018, when a suspect was shot and killed by police. It led to a multi-million dollar settlement. The fatal officer-involved shooting happened on September 2018 at the Carl’s Jr. in Eagle Point.
During a struggle in the restaurant bathroom, officer Daniel Cardenas, saw what he thought was a weapon, when the other officer — officer Clarence Davis – shouted gun. It was– in fact, one of the officer’s tasers, that had dropped in the struggle. Officer Cardenas then shot and killed graves.
A grand jury later found the officer and acted lawfully.
That didn’t stop the graves family from filing a civil suit against the city, the police department, and officer Cardenas. It was later settled for $4.5 million.