The Main Stream

Sep 4, 2012 7:56 PM by Lupita Murillo

Disabled Nogales man files lawsuit against police for tasering him during a seizure

NOGALES, AZ- A federal lawsuit has been filed against the Nogales Police Department for allegedly shooting a stun gun at a disabled man.

40-year-old Diego Lerma claims police used excessive force after he suffered a seizure. The lawsuit says the man wasn't fully aware of his surroundings when officers used the stun gun.

It was at La Cinderella department store where Lerma walked in last year and was tasered several times according to his Phoenix attorney Tyrrell Taber. "It's difficult to believe four trained police officers can't bring a disabled person under control and into custody without excessive force ."

Priscilla Galaz was working that day and she saw the 6' 2" 220 lb. Lerma walk into the store. "I didn't feel threatened, not at all, really it just looked like he was lost. I thought he was high actually his eyes were all lost and stuff."

Lerma is physically and medically disabled. His attorney tells News 4, "He has a very severe form of epilepsy it's called intractable seizure disorder."

According to the attorney, Nogales police didn't have to taser Lerma. "He didn't say anything, he didn't threaten anybody he didn't charge towards them, he's trying to get away from them."

When Galaz learned Lerma was suffering from a seizure she says police should've known that. "They should first investigate what's wrong with a person because he could've died after all shocks they gave him."

The City of Nogales is not commenting on the lawsuit.

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