(CN )- A Jefferson County, Ky. man claims in a federal lawsuit that police officers punched and Tazed him while he was strapped to a gurney and in diabetic shock.
In a lawsuit filed in Louisville Federal Court, James Foley says he was in the parking lot of a Speedway gas station in Shively, Ky. in the early morning hours of June 2, 2015, when he went into diabetic shock.
Police and EMS were called to the scene and Foley, who describes himself as being in a "physical and mental state of Diabetic Shock," was strapped down and placed inside an ambulance where an off-duty nurse, Jennifer Yeager, attempted to treat him.
"Plaintiff James, while ... inside the ambulance [and] strapped to a medical gurney for care, was unreasonably, and brutally, detained, confined, and beaten/electrically Tazed with excessive force by Officers of the City and Department, including Officers [Chad] Kolter and [P.] Eisenbeck, without cause," the May 31 complaint says.
Foley claims Officer Kolter, was "straddling Plaintiff James while repeatedly punching James in the head."
"Officer Eisenbeck was also electrically Tazing Plaintiff James in the head, while James was being straddled and beaten by Officer Kolter," the complaint says.
Foley claims a third officer stood outside the rear of the ambulance while the beating was going on.
In addition to the officers, the defendants in the case are the City of Shively, the City of Shively Police Department, Police Chief Kevin Higdon, Police Lieutenant Colonel Chris Ashby, and Police Sergeant Eric Edbrooke.
Foley seeks unspecified compensatory and punitive damages on claims of the violation of his Fourth Amendment rights, violation of due process; conspiracy to violate the U.S. Constitution. and thirteen state law claims, including failure to train, supervise, audit and discipline; violation of section ten of Kentucky Constitution; Violation of Kentucky Constitutional due Process.
Joseph Gaines of Gorski Law Office in Louisville represents the plaintiff and did not respond to a request for comment Courthouse News.
A representative of the defendants said they are aware of the lawsuit, but declined comment.
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