WESTMINSTER, Colo. — A lawsuit filed Friday accuses one former Westminster police officer of excessive force and of failure to intervene in the tasing and arrest of a 78-year-old man in 2020.
The lawsuit, filed in U.S. District Court, accuses officer Michael Owen of excessive force and officer Tyler Farson of failure to intervene in the arrest of Clayton Shriver, then 78, at a Westminster Walmart store on May 15, 2020. The city of Westminster is also named in the suit, accused of failing to properly train and supervise the officers.
Westminster officers did not wear body-worn cameras at the time, but the incident was captured on a store surveillance camera. Westminster police released that video Wednesday.
Content warning: The video below includes scenes that may be sensitive for some readers, including violence seen in surveillance video.
According to the lawsuit, Shriver, who has numerous medical conditions, accompanied his partner on a trip to Walmart when he began feeling ill. He went to sit down at the McDonald's inside the Walmart and mistakenly sat in a seat that was designated as closed due to the COVID pandemic, according to the suit.
The McDonald's staff told Shriver he needed to buy something or leave the store, but because he is hard of hearing and has cognitive impairments, he could not make out what they were saying, according to the suit. He tried to explain he needed medical help but could not speak clearly.
Walmart employees then asked Owen, who was already at the store for an unrelated matter, to respond to the McDonald's. He heard Shriver speaking loudly, but had trouble understanding what he was saying, the suit says. Shriver remained seated while giving Owen his name and explaining he was suffering from a medical condition and needed to sit down, according to the suit.
When McDonald's staff complained to Owens about Shriver, he put his arms up, palms open, and said "Wait a minute, I'm in terrible pain," the suit says. He thought he heard that he was being asked to leave, so he stood up and tried to walk out, according to the suit.
That's when Owen grabbed Shriver and "violently threw him to the ground," according to the suit. Owen then tased Shriver in the stomach and thigh as he writhed in pain from the throwdown, according to the suit.
Shriver then called Owen a profanity and tried to pull the taser probes out of his body, the suit says.
At that point, Farson arrived on the scene, and he and Owen tried to force Shriver's arms behind his back to formally arrest him "even though the officers lacked a legal basis to do so," according to the suit. Owen then tased Shriver a second time, the suit says. The two officers then handcuffed Shriver and called for paramedics.
In a statement Wednesday, the Westminster Police Department gave the following description of the incident:
"Officer Owen responded to the area and attempted to de-escalate Mr. Shriver for several minutes and ascertain what had occurred. It appeared that Mr. Shriver was involved in a disturbance over his refusal to leave the premises."
"Officer Owen told Mr. Shriver he was not free to leave as he was awaiting a secondary officer to determine if a crime had been committed. Mr. Shriver became agitated and began to yell profanities. He then stood up and attempted to push away from the officer, who had been standing several feet away. After that happened, Mr. Shriver began to walk away from Officer Owen. When that occurred, Officer Owen told Mr. Shriver he was under arrest and attempted to place him in custody. Mr. Shriver resisted Officer Owen by kicking him while they were on the ground. Officer Owen deployed his TASER in an attempt thwart the assault and take control of Mr. Shriver and get him into custody. Officer Farson arrived to help Officer Owen take Mr. Shriver into custody."
The suit says Shriver sustained injuries to his knee, elbow, lower back, and buttocks "as a result of the excessive force used by" Owen and Farson.
"It defies common sense that two healthy officers in good physical condition reasonably took down and twice tased 78-year-old Mr. Shriver, who suffers from significant debilitating and limiting medical impairments," the suit says. "At no time did Mr. Shriver pose an immediate threat to the safety of the Defendants or anyone else in the McDonald's or Wal-Mart."
Shriver was charged with municipal violations for trespass, obstructing a police officer and resisting arrest, the suit says. Police said Shriver was given a deferred prosecution, and upon successful completion of the requirements, the case was dismissed.
A Westminster police spokesperson said Owen resigned from the department in February, and Farson resigned in May. Their departures were unrelated to this case, police said.
The department said they did not receive a complaint of excessive force regarding this case until April when Shriver's attorney gave them notice of intent to sue. When they got that notice, the department started an internal affairs investigation, a spokesperson said Wednesday.
The department said an independent civilian review board and police department command personnel determined the officers acted "within policy and procedure."
The lawsuit accuses Owen of excessive force and malicious prosecution and accuses Farson of failure to intervene. It accuses both officers of false arrest.
The suit also says the city failed to train and supervise the officers properly.
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