Tim Phillips

Officer Nate Kinsey hit Plaintiff in the face with a closed fist, and officers then pulled Plaintiff from the rear of a vehicle. Plaintiff was subsequently prone on the ground and his hands were above his head. Nevertheless, Officer Kinsey hit Plaintiff with a closed fist approximately nine more times. Officer Schwarze removed the cartridge from his Taser, held the trigger down, and delivered approximately three drive stuns to Plaintiff. Officer Aric Gallatin kicked Plaintiff approximately three times and stomped on him approximately twice.

Plaintiff was in the wrong place at the wrong time, as officers were raiding the upstairs unit in the duplex where Plaintiff lived downstairs. Plaintiff was hit by the front door to the duplex when Officer Peter Stanton rammed it open. Plaintiff was subsequently thrown to the floor and stomped on by Officer Stanton, though Officer Stanton denied stomping on Plaintiff.

Following a report of child sexual abuse, Officer Kyllo inaccurately identified the suspect as plaintiff, even though he interviewed the actual suspect twice in jail. Kyllo filed a false affidavit in the form of a statement of probable cause, seeking a warrant for the arrest of plaintiff. A judge signed a warrant for plaintiff’s arrest, plaintiff was arrested and held in jail for two days, and plaintiff fought a criminal sexual conduct charge for a month until it was dismissed.