CINCINNATI (AP) — A federal judge has refused to throw out a civil rights lawsuit in the case of an unarmed, mentally ill Ohio man who died during a confrontation with police.
Thirty-nine-year-old Doug Boucher died Dec. 13, 2009, after two officers in the Cincinnati suburb of Mason shocked him with a stun gun seven times, kicked him and repeatedly struck him with a baton — all mostly after he fell face-first onto cement and stopped moving.
In his Friday ruling, federal Judge S. Arthur Spiegel turned down the city's request to have the allegations against them and the officers dropped.
Spiegel says a reasonable juror could conclude that the officers used "gratuitous violence."
An attorney for the town and the officers says he and his clients must now decide whether to appeal.