Excessive force suit dismissed

COEUR d'ALENE - A federal judge on Wednesday dismissed an excessive force lawsuit against the Post Falls Police Department.

Donald Law, 75, alleged that officers' use of a Taser stun gun and "overly tight" handcuffs constituted excessive force under the Fourth Amendment when he was arrested during a domestic dispute call on June 27, 2009.

Law alleged he suffered gashes on his leg when officers pushed him in a chair, permanent nerve damage due to officers placing his hands behind his back, permanent numbing of his hands as a result of overly tight handcuffing and that the taser affected his nervous system.

But Judge Candy Dale ruled that Law was not responsive with officers and officers could have perceived an immediate danger.

Law, represented by attorney Larry Purviance, was in possession of a handgun at the time of the arrest, according to court documents.

He allegedly slapped his adult daughter and threatened his son-in-law at gunpoint before officers arrived.

Dale ruled the use of force was "constitutionally reasonable."

"(Law) has failed to meet his burden of proof of providing specific facts to show that the force used was unreasonable or that he sustained actual injuries," the ruling states.

Post Falls Police Chief Scot Haug said law enforcement has been "drug through the mud" by a rash of excessive force lawsuits.

"I think this decision, along with several other similar dismissals, shows the public that we are following commonly accepted practice in our dealing with these difficult decisions," Haug said.