Suit: Arizona Police Mistook Seizure, Used Taser

September 5, 2012

A federal lawsuit says Nogales, Arizona police wrongly used a stun gun on a disabled man after officers mistook his seizure for criminal activity.

The Nogales International reported that 40-year-old Diego Lerma claims in a federal lawsuit filed in July that police used a stun gun on him shortly after he suffered a seizure at a Subway sandwich shop. According to court documents, Lerma had wandered out of the Subway and into a nearby department store when an employee called the police.

The lawsuit says Lerma was not fully aware of his surroundings when officers used the stun gun.

Lerma was charged in Nogales Municipal Court with disorderly conduct, criminal trespassing and criminal damage but the charges were later dismissed.

City Attorney Jose Luis Machado said he had not seen the lawsuit.

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