Lawsuit against Shively Police alleges 'excessive force' - WDRB 41 Louisville News

Lawsuit against Shively Police alleges 'excessive force'

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LOUISVILLE, Ky. (WDRB) -- A lawsuit has been filed against the Shively Police Department, alleging that members of the police department used "excessive force" when they beat and tazed a man while he was having a diabetic attack.

According to the lawsuit, which was filed in federal court on Tuesday, the incident in question took place at 3 a.m. on June 2, 2015, at the Speedway at 4720 Dixie Highway.

The suit alleges that James Foley, the plaintiff, was in "diabetic shock" when he was strapped to a gurney and placed inside an ambulance while two Shively Police officers watched. 

That's when, the suit claims, Foley was, "unreasonably, and brutally, detained, confined, and beaten / electrically tazed with excessive force." The suit states that one officer, "was straddling Plaintiff James while repeatedly punching James in the head," and that another officer was "electrically tazing Plaintiff James in the head."

Four members of Foley's family, who are also plaintiffs in the suit, watched the events unfold, "in horror and emotional frenzy," the suit claims. One of those family members, "dared to express concern" and was threatened with a tazer by one of the officers, according to the lawsuit. The suit also alleges that Foley's mother was kneed in the chest by one of officers when she expressed concern.

In addition to the Shively Police Department, the City of Shively, Shively Police Chief Kevin Higdon, and several police officers are named in the suit.

The lawsuit alleges that -- among other things -- the police violated portions of both the U.S. Constitution and Kentucky Constitution, as well as engaged in false arrest or imprisonment. It asks that the court grant Foley and the other plaintiffs a jury trial, and a judgment against those named in the suit, requiring them to pay the plaintiffs compensatory, punitive, and other damages.

WDRB contacted the Shively Police Department, but they declined to comment on pending litigation.

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