A federal judge recently dismissed a lawsuit accusing a Colorado Springs police officer of using excessive force on a man who was shot with a Taser, fell, and broke his neck in May 2022.
The man, Jacob Root, filed the lawsuit against officer Robert Comstock two years after the incident occurred. Root had fled from police after being spotted inside a stolen car.
Comstock shot Root with the Taser without issuing a verbal warning as Root was running. Root fell head-first down a slope, across a sidewalk, and onto a roadway, resulting in paralysis of his arms and legs, according to Root’s attorneys.
In their May 2024 complaint, Root’s attorneys claimed that Comstock’s use of force led to Root’s quadriplegia, causing him great physical pain, injury, and terror.
Root’s attorneys also criticized the Colorado Springs Police Department for its alleged pattern of excessive force, citing previous incidents such as the officer-involved shooting of De’Von Bailey and the beating of Dalvin Gadson.
Root sought $100 million in damages from Comstock and the city. However, U.S. District Judge Daniel Domenico dismissed the case on March 5, stating that Comstock’s use of the Taser was justified given the circumstances.
Domenico mentioned that Comstock would be entitled to qualified immunity and found Root’s allegations against the city to be lacking in evidence.
The case was dismissed without prejudice, leaving open the possibility for it to be refiled with stronger legal arguments or additional evidence.
An attorney for Root was not available for immediate comment.
Sign up to receive crime news directly to your inbox daily.
