In CSPD body camera footage, Jacob Root can be seen running from police moments before he was hit with a Taser. At right, officers handcuff Root after he lies face down.
COLORADO SPRINGS, CO - A U.S. District judge has dismissed a federal
lawsuit against a Colorado Springs police officer, stating that the
officer in question did not use excessive force when deploying a taser
on the man suspected of a car theft.
According to CPR,
the plaintiff, Jacob Root, fell down a slope after he was tased by
Officer Robert Comstock in May of 2022. His fall paralyzed him and he is
now a quadriplegic. In May 2024, Root sued Comstock and the City of
Colorado Springs for $100 million, alleging that the use of force was
excessive and violated his Fourth Amendment.
On March 3d, U.S. District Judge Daniel Domenico dismissed the case,
stating he did not agree with the plaintiff. Domenico stated in his
ruling that the use of the taser was indeed reasonable given the
circumstances.
At the time of the incident, Root was suspected of committing two
felonies. On May 16, 2022, police discovered a parked 2017 Ford Focus
reported stolen 10 days prior. Court documents state that officers
placed a GPS tracking device on the vehicle to monitor its movements.
Police eventually tracked the car to a hotel where Root was seen getting
into the driver's seat.
Officers attempted to block him in with their police vehicles, but Root
allegedly drove into one of the cruisers to escape. Body camera footage shows officers later tracking Root and the Ford Focus to a Kum and Go gas station.
When Root exited the gas station and saw the officers, he ran past them
toward the street. Comstock's camera footage shows him using the taser
on Root, who collapses headfirst and does not move again. In his ruling,
Domenico wrote, "No one disputes the tragedy that occurred." The judge
said that the outcome is not relevant in analyzing what Comstock knew
before he decided to use the taser.
In his report, Comstock wrote, "Those circumstances included a suspected
felon who had struck a police vehicle while fleeing from officers, who
had not responded to multiple lesser uses of force, and who was creating
an apparent danger to himself and the public by running towards a busy
street."
According to KKTV,
one of Root's lawyers, Harry Daniels, said that the dismissal is not
the end of this case. He said, "This case is not [finished] by a long
shot." Root's case was dismissed without prejudice, leaving the
opportunity for Root to refile if he presents additional evidence or
stronger legal arguments. After the lawsuit was filed, the police
department said, "Officer Comstock is a valued employee and is in good
standing with the department."
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