COLORADO SPRINGS, CO - A U.S. District judge has dismissed a federal lawsuit against a Colorado Springs police officer, stating that the officer in question did not use excessive force when deploying a taser on the man suspected of a car theft.
According to CPR, the plaintiff, Jacob Root, fell down a slope after he was tased by Officer Robert Comstock in May of 2022. His fall paralyzed him and he is now a quadriplegic. In May 2024, Root sued Comstock and the City of Colorado Springs for $100 million, alleging that the use of force was excessive and violated his Fourth Amendment.
On March 3d, U.S. District Judge Daniel Domenico dismissed the case, stating he did not agree with the plaintiff. Domenico stated in his ruling that the use of the taser was indeed reasonable given the circumstances.
At the time of the incident, Root was suspected of committing two felonies. On May 16, 2022, police discovered a parked 2017 Ford Focus reported stolen 10 days prior. Court documents state that officers placed a GPS tracking device on the vehicle to monitor its movements. Police eventually tracked the car to a hotel where Root was seen getting into the driver's seat.
Officers attempted to block him in with their police vehicles, but Root allegedly drove into one of the cruisers to escape. Body camera footage shows officers later tracking Root and the Ford Focus to a Kum and Go gas station.
When Root exited the gas station and saw the officers, he ran past them toward the street. Comstock's camera footage shows him using the taser on Root, who collapses headfirst and does not move again. In his ruling, Domenico wrote, "No one disputes the tragedy that occurred." The judge said that the outcome is not relevant in analyzing what Comstock knew before he decided to use the taser.
In his report, Comstock wrote, "Those circumstances included a suspected felon who had struck a police vehicle while fleeing from officers, who had not responded to multiple lesser uses of force, and who was creating an apparent danger to himself and the public by running towards a busy street."
According to KKTV, one of Root's lawyers, Harry Daniels, said that the dismissal is not the end of this case. He said, "This case is not [finished] by a long shot." Root's case was dismissed without prejudice, leaving the opportunity for Root to refile if he presents additional evidence or stronger legal arguments. After the lawsuit was filed, the police department said, "Officer Comstock is a valued employee and is in good standing with the department."
According to CPR, the plaintiff, Jacob Root, fell down a slope after he was tased by Officer Robert Comstock in May of 2022. His fall paralyzed him and he is now a quadriplegic. In May 2024, Root sued Comstock and the City of Colorado Springs for $100 million, alleging that the use of force was excessive and violated his Fourth Amendment.
On March 3d, U.S. District Judge Daniel Domenico dismissed the case, stating he did not agree with the plaintiff. Domenico stated in his ruling that the use of the taser was indeed reasonable given the circumstances.
At the time of the incident, Root was suspected of committing two felonies. On May 16, 2022, police discovered a parked 2017 Ford Focus reported stolen 10 days prior. Court documents state that officers placed a GPS tracking device on the vehicle to monitor its movements. Police eventually tracked the car to a hotel where Root was seen getting into the driver's seat.
Officers attempted to block him in with their police vehicles, but Root allegedly drove into one of the cruisers to escape. Body camera footage shows officers later tracking Root and the Ford Focus to a Kum and Go gas station.
When Root exited the gas station and saw the officers, he ran past them toward the street. Comstock's camera footage shows him using the taser on Root, who collapses headfirst and does not move again. In his ruling, Domenico wrote, "No one disputes the tragedy that occurred." The judge said that the outcome is not relevant in analyzing what Comstock knew before he decided to use the taser.
In his report, Comstock wrote, "Those circumstances included a suspected felon who had struck a police vehicle while fleeing from officers, who had not responded to multiple lesser uses of force, and who was creating an apparent danger to himself and the public by running towards a busy street."
According to KKTV, one of Root's lawyers, Harry Daniels, said that the dismissal is not the end of this case. He said, "This case is not [finished] by a long shot." Root's case was dismissed without prejudice, leaving the opportunity for Root to refile if he presents additional evidence or stronger legal arguments. After the lawsuit was filed, the police department said, "Officer Comstock is a valued employee and is in good standing with the department."
For corrections or revisions, click here.
The opinions reflected in this article are not necessarily the opinions of LET
Comments
3 hours ago | Comment by: Paul
Play stupid games= win stupid prizes One question though. Was that gas station a quickie whorehouse? With a name like "Kum and go", one has to wonder.