Disabled vet filing lawsuit after being shocked with stun gun - KPTV - FOX 12

Disabled vet filing lawsuit after being shocked with stun gun

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PORTLAND, OR (KPTV) -

A disabled veteran who says officers shocked him with a stun gun at the Disabled American Veterans Office in Portland is suing the federal government and the officers involved in the incident.

William Bayes, who suffers from post-traumatic stress disorder, came to the DAV office for an appointment in December 2012 using a cane and wearing a brace on each knee. The lawsuit claims as Bayes was going through a security checkpoint, an officer reached into Bayes' pocket and removed a pocketknife. The officer told Bayes to remove the weapon from the office.

Bayes says he exited the office with the two small pocketknives he was carrying, left them in his truck, and then returned to the security checkpoint. As he began placing his personal items in the plastic tub to go through the security scanner, he says he lifted his shirt to remove a mini-flashlight and an empty knife sheath on his belt.

The suit claims this is when another officer grabbed Bayes' wrist and slapped cuffs on him, telling him he was under arrest for bringing a weapon onto federal property.

The complaint states Bayes did not resist, but instead stretched both his arms out. The officer released his arm, stepped away, and yelled at Bayes to put his hands behind his back, or he would be shot with a stun gun. The suit claims the officer pulled the trigger on the stun gun, but it misfired.

The suit claims Bayes turned with his back to that officer and put his hands behind his back. Bayes claims that's when the officer again deployed the stun gun, striking him in the neck while delivering "shocking and painful bolts of electricity" which made him fall to the ground.

The complaint states as he lay on the ground, officers descended upon him, striking him multiple times in the head and back with their knees while they attempted to handcuff him.

Bayes claims again he was shot with a stun gun by the same officer. The stun gun struck Bayes' knee, which has metal screws inside and was in a brace, causing extreme pain.

Bayes was transported to the hospital for care. While there, he was cited by the federal officers for assault, disorderly conduct, and failure to conform with lawful direction. All three charges were later dismissed, according to court papers.

The complaint states that Bayes is a retired Air Force sergeant with a 10-year service record suffering from service-related PTSD and physical disabilities. It states the incident took an "enormous physical and psychological toll" on the veteran. Bayes claims his sense of respect and honor he had received for service to his country has been shattered.

The complaint accuses the federal officers of negligence, assault, battery, false arrest and violation of the Fourth Amendment. It states the federal government as liable for the officers' action.

Bayes is seeking compensatory and punitive damages.

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