Colorado man sues police over flash-bang device use
Denver, CO – A Chaffee County man has filed a lawsuit against multiple Colorado law enforcement agencies over excessive force after police officers used a “flash-bang” device near his head during his arrest last September, which gave him a concussion.
Ellis Athanas, 30, was arrested on a misdemeanor charge by a Chaffee County Combined Tactical Team in a SWAT-style traffic stop on Sept. 8. According to the lawsuit, the team decided Athanas was a high-risk suspect, although he did not have much of a criminal history, namely one prior conviction for marijuana possession and one pending criminal charge of false reporting, which has since been dismissed. He was arrested on misdemeanor charges of child abuse and menacing, which were also later dismissed for lack of evidence.
Police bodycam footage shows Athanas was treated like a hardened criminal. He was stopped in traffic in a military-style operation. Several officers in full tactical gear rushed out of the back of a truck with their guns drawn, shouting and using a megaphone to tell Athanas to “put his hands on his face.” The man put his hands out the window, but a mere four seconds later an officer detonated a “flash-bang” device just outside the driver’s side window, without any warning. On the way to jail, Athanas developed a severe headache and collapsed. He was diagnosed with a concussion.
“This case is an alarming display of the militarization of the police in our country and a concerning lack of training on both dangerous weapon use by the police as well as the constitutional rights of the citizens they encounter,” said Mr. Athanas’ attorney told the press.
The lawsuit names three law enforcement agencies as defendants, as well as 14 individual officers.
When can police use flash-bang devices?
A flash-bang device, also known as a stun grenade or a flash grenade, is a non-lethal explosive device used to disorient and distract people in a tactical situation. It is primarily used by law enforcement and military personnel during raids, hostage rescue operations, and other high-risk situations. Experienced Denver police brutality lawyers say that obviously such devices are not meant to be used to arrest petty criminals.
A flash-bang device typically consists of a metal or plastic casing filled with a pyrotechnic charge. When the device is activated, it emits a bright flash of light and a loud bang, hence the name “flash-bang.” The flash and noise are designed to overload the senses of anyone in the vicinity, causing temporary blindness, disorientation, and confusion. This can give law enforcement or military personnel a brief window of opportunity to enter a room or neutralize a threat.
What types of injuries can a flash-bang device cause?
While flash-bang devices are considered non-lethal, they can still cause injuries if used improperly or if a person is too close when it goes off.
Some of the common injuries that can be caused by a flash-bang device include:
Burns: The heat generated by the flash-bang device can cause burns to the skin if a person is too close to the device when it detonates.
Hearing damage: The loud noise generated by the device can cause temporary or permanent hearing loss.
Eye injuries: The bright flash generated by the device can cause temporary blindness, eye irritation, or other eye injuries if a person is too close to the device.
Trauma: The force of the explosion generated by the device can cause traumatic injuries such as contusions, lacerations, or fractures, especially if a person is hit by debris or thrown to the ground.
Victims may be entitled to file a personal injury lawsuit and seek damages. Seasoned Colorado police brutality lawyers can help you collect the evidence required to support your claim. In most cases, the police body camera footage is proof enough, but your lawyers may also want to interview witnesses to stress the fact that you posed no threat and that the use of such a device was not warranted.
If you were a victim of any type of police brutality, you should contact an experienced civil rights lawyer at the Bryan & Terrill law firm to see if you have a case. Their attorneys will use all their professional expertise to bring to justice those who abused their powers and broke the law they were supposed to uphold.
Contact info:
333 W. Hampden Ave., #420B
Englewood, CO 80110
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