PORTLAND (AP) – A federal appeals court has upheld a jury verdict that found a South Portland police officer used excessive force when he used an electronic stun gun to subdue a suspected drunken driver during a 2005 traffic stop.
The 1st U.S. Circuit Court of Appeals in Boston denied an appeal by Officer Kevin Gerrish and upheld the award of $111,000 and attorney fees to Stephen Parker, a merchant mariner from South Portland.
Parker claimed that Gerrish violated his constitutional rights and that he suffered permanent injuries after being shot with the Taser and handcuffed by police. Gerrish maintained that Parker acted aggressively and failed to submit to being cuffed.
The appeals court said the jury could reasonably find excessive force based on trial testimony and a video recorded from the windshield of Gerrish’s cruiser.
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