Man arrested in 2018 files lawsuit against Austin Police Department, claims excessive force was used

Austin

AUSTIN (KXAN) — A man has filed a lawsuit against the City of Austin and two Austin Police Department officers after a 2018 incident where he was arrested and shocked with a stun gun.

According to the lawsuit, in the early morning of July 4, 2018, then 23-year-old Justin Grant, was at Rain Bar in downtown Austin with his girlfriend. Grant says he stepped outside to smoke a cigarette and was then denied re-entry.

The lawsuit says Grant briefly argued with security but then walked away. Nevertheless, the lawsuit claims, an employee of the bar called police.

Grant says officers Gadiel Alas and Corey Hale attempted to arrest him despite lack of probable cause — an arrest he says included being thrown to the ground and being zapped with a stun gun despite the fact that he says he was not resisting.

According to the 2018 arrest affidavit, Grant was arrested on a charge of possession of a controlled substance, methamphetamine. He has also been charged with terroristic threat and resisting arrest.

The lawsuit points out the resisting arrest charge was later dismissed.

At the time, witnesses recorded video of the incident.

Patrick King, the witness who recorded the video, told KXAN at the time, “Whatever this man had done, whether it wasn’t bad or it was bad, I don’t feel like there was a need for the officers to continue to yell at him and tell him to stop resisting and turn over when they’re on top of him and punching him and hitting him. You literally cannot move if someone is on top of you.” 

KXAN reached out to the City of Austin for a response to the lawsuit. It said “We’re aware of the lawsuit and will respond appropriately.”

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