Man sues after being tased

The lawsuit alleges the incident shows a pattern of excessive force by officers.

A Denver police officer used excessive force when he fired a Taser at a homeless man, and the officer and fellow officers prepared false police reports about what happened, according to a lawsuit filed Thursday in U.S. District Court in Denver.

Gregory Heard, 53, filed the lawsuit. Heard claims Denver police Officer Greg Dulayev used excessive force against him, violating his Fourth Amendment rights. The city is named as a defendant in the lawsuit because the Denver Police Department failed to train and supervise Dulayev on properly using force, the lawsuit said.

Heard, who is represented by Holland, Holland, Edwards and Grossman, is asking for an unspecified amount in damages.

Denver police spokeswoman Christine Downs said, “We respect the judicial process and we ask the public to reserve judgment until the conclusion of the lawsuit.”

The incident reached the public eye in January when two activist groups shared video of the June 2016 incident, calling it an example of why the public needed to be involved in rewriting the Denver Police Department’s use-of-force policy.

Police Chief Robert White eventually appointed a community advisory board, and that group’s work is ongoing.

Dulayev encountered Heard after police were called to the 1900 block of North Clarkson Street on a report of homeless men fighting. Heard was hiding in bushes.

Dulayev ordered Heard to come out of the bushes, swearing as he threatened to use his Taser on Heard, according to video footage. As Heard emerged from the bushes, Dulayev fired the Taser and then tackled Heard. Heard suffered scrapes as a result, the lawsuit said.

“Mr. Heard was never given a chance to peacefully surrender and comply with Officer Dulayev’s commands,” the lawsuit said.

Dulayev, a fellow officer and a sergeant all wrote reports that said Heard was aggressive and the Taser use was appropriate and within the department’s guidelines.

The incident shows a pattern of excessive force by officers, the lawsuit said.

“Denver determined that Officer Dulayev’s use of force was essentially textbook and on point, when, in reality, it was not in compliance with modern and well-established police training,” the lawsuit said. “The city of Denver has created, fostered and tolerated an environment and culture of law enforcement brutality and deliberate indifference to the constitutional rights of citizens and residents.”