Deaf man punched, tased by Phoenix police files federal civil lawsuit

PHOENIX (AZFamily) — A deaf Black man who suffers from cerebral palsy and was punched and tased by Phoenix police officers officially filed a civil rights lawsuit in federal court on Wednesday.

Tyron McAlpin is accusing the officers of assault and battery, claiming the city of Phoenix of negligence and saying his Fourth Amendment rights were violated during the incident outside a Dollar Tree near 16th Street and Indian School Road on Aug. 19.

McAlpin drew national attention after alarming body camera footage showed officers hitting him multiple times and using a stun gun on him during his arrest.

The lawsuit comes months after his attorneys filed a $3.5 million notice of claim.

However, the lawsuit doesn’t demand a specific dollar amount but wants “general and compensatory damages”, punitive damages and attorney fees covered.

In the body-camera video, an officer is seen immediately going after McAlpin. A nearby security camera shows the officer driving in front of him while he’s walking before getting out and getting into a scuffle.

The lawsuit claimed the officer didn’t give any commands McAlpin could hear or respond to and he tried to raise his hands to his ears to signal he was deaf but the officer had grabbed his shoulders and stepped on his foot.

McAlpin said he feared for his life and the officer put him in a chokehold, the lawsuit said. Another officer arrived, and the pair punched McAlpin in the back of the head and slammed the back of his head on the asphalt, the court paperwork said.

The first officer then used his stun gun on McAlpin twice, attorneys said.

According to police, McAlpin resisted arrest and fought back against officers.

The lawsuit said one officer wrote a false report, saying McAlpin tried to steal a person’s cellphone at a nearby Circle K, which is why officers approached McAlpin, but witnesses said it was a white man who started a fight at the store.

McAlpin was arrested but charges were later dismissed.

The Phoenix Law Enforcement Association has previously said the media had “biased reporting” and dismissing the case was an “ugly smear campaign” against Phoenix Police.

The arrest came just a couple of months after a Department of Justice investigation that found Phoenix Police used excessive force and discriminated against Black, Hispanic and Native American people.

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