Deaf man with cerebral palsy files $3.5 million lawsuit after violent arrest in Phoenix

A. Deaf black man with cerebral palsy brutally arrested by two men Phoenix In August, officers filed a $3.5 million lawsuit against the officers involved and the city.

Tyron McAlpin has since said he tried to warn officers that he was deaf before repeatedly punching and tasering him for an alleged crime he was falsely accused of by another suspect.

McAlpin’s attorney told ABC News that he filed a lawsuit on behalf of his client Tuesday against the city of Phoenix and the three Phoenix police officers involved in the incident.

“We are authorized to settle Tyron’s claims in the amount of $3,500,000.00. Payment of this amount will resolve all claims Tyron may assert against individual officers and the City of Phoenix, including but not limited to false imprisonment claims,” ​​the notice of claim states. , malicious prosecution, excessive force, negligence, assault, battery, defamation and intentional infliction of emotional distress.”

A spokesperson for the city of Phoenix declined to comment to ABC News about the notice of claim.

Records show the incident occurred while officers were assigned to investigate a report of a man causing trouble and not leaving the Circle K convenience store, according to the ABC affiliate in Phoenix. KNXV-TV.

According to police records, the suspect’s original description was of a white man causing a disturbance at the store, but that man later claimed he was attacked by a Black man and pointed to Tyron McAlpin; this claim was disputed by the police. Store employees and surveillance video, KNXV-TV reported.

McAlpin said through a translator: “The officers took me downstairs… And I told them I tried to lift my ears up to tell them I couldn’t hear, that I couldn’t hear.” Sign language was used according to KNXV-TV. “I was trying to make a sign and that’s when the cops caught me. Hey I can’t hear, I was trying to show by pointing at my ears and they caught me.”

According to KNXV-TV, McAlpin gave his account at the hospital to a healthcare worker after his arrest. Body camera footage shows two police officers present during the medical examination.

According to KNXV-TV, the Phoenix man tells healthcare workers in the footage that he is having trouble seeing in his left eye and complaining of neck and chest pain.

According to the footage, Ben Harris, one of the police officers who participated in McAlpin’s detention, was heard repeatedly saying to himself, “White male, in his 20s, gray shirt, blue shorts” on the way to the interview.

Newly released video shows Harris knowing the suspect was a white male.

In body-worn camera footage recorded after the arrest, employees at the store told law enforcement that the white male had been involved in a physical fight the night before, according to KNXV-TV. Staff in the footage describe McAlpin regularly coming into the store, holding the door for people and trying to help employees get the man out of the store.

According to body camera footage obtained by ABC News in October, Harris told another officer at the scene that he believed the Phoenix man broke a bone in his hand after hitting him in the head.

Harris told a different story in court during an October hearing.

“At one point, as I tried to regain control of his arm by following his initial strikes and punches, I saw these fingers tuck into his forearm and bend down to my palm,” Harris said. to KNXV-TV.

The two Phoenix police officers involved in the arrest were placed on paid administrative leave in October as part of an investigation into the incident, a Phoenix Police Department spokesperson confirmed to ABC News.

ABC News reached out to the Phoenix Law Enforcement Association, a union that represents officers, but did not immediately respond to a request for comment.

Union president Darrell Kriplean previously defended the officers’ actions in a statement to ABC News, saying people should have known what to do if approached by uniformed officers and that officers, knowing McAlpin was deaf at the time, should have intervened. force him to comply.

McAlpin was originally charged with aggravated assault and resisting arrest following an encounter with Phoenix police on Aug. 19, but the charges were dropped on Oct. 17.

The decision to drop the charges against McAlpin was announced by Maricopa County Prosecutor Rachel Mitchell. expression He said he personally reviewed the case after a member of the local chapter of the NAACP expressed concern about the incident and submitted “numerous video recordings, police reports, and other materials forwarded to my office.”

“I also convened a large meeting of senior attorneys and community members to hear their views on this case,” Mitchell said. “I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin.”

Body camera video shows police approaching McAlpin and ordering him to the ground. It doesn’t look like he’ll adapt right away. The video shows police officers punching him in the head at least 10 times, shocking him with a stun gun at least four times and yelling, “Put your hands behind your back.”

McAlpin’s lawyer said his client, who is deaf, did not know what was going on and could not hear the commands.

“We sincerely hope that the County Attorney’s Office will respond to what is shown in the video and the voices in the community raising alarm about what is shown in the video and dismiss all charges against Tyron,” McAlpin’s attorney said. he said. Jesse Showalter said in a statement to ABC News on October 14.

ABC News has reached out to Showalter for additional comment following the launch of the newly released video.

Interim Phoenix Police Chief Michael Sullivan said: expression On October 16, the Professional Standards Bureau (PSB) reported that it launched an internal investigation shortly after the incident occurred.

“Their work is important to ensure all the facts are known before reaching any conclusions. I ask for the public’s patience during this process,” Sullivan said. he said.

“I realize the video is disturbing and raises many questions. I want to reassure the community that we will have answers to these questions,” he added.

According to Sullivan, the PSB’s findings will be reviewed by him, the Office of Accountability and Transparency, and the Civilian Review Board “to ensure that they are complete and complete.”

When ABC News asked the Phoenix Police Department whether the white man who allegedly made false claims had been charged, a spokesperson said in a statement that no additional arrests had been made at this point during the investigation.

ABC News’ Sabina Ghebremedhin contributed to this report.