A judge has dismissed a federal excessive force lawsuit against a Colorado Springs police officer. The lawsuit was brought by a man who broke his neck after the officer used a Taser on him during a chase.
The plaintiff, Jacob Root, fell down a slope after he was shocked by Officer Robert Comstock in May 2022. Root, who is now a quadriplegic, sued Comstock and the City of Colorado Springs for $100 million in May 2024, alleging the use of force was excessive and violated the Fourth Amendment.
U.S. District Judge Daniel Domenico did not agree. In his March 3 ruling dismissing the suit, Domenico said the use of the Taser was indeed reasonable given the circumstances.
Root was suspected of two felonies at the time of the incident. On May 16, 2022, police discovered a parked 2017 Ford Focus reported stolen ten days prior. According to court documents, officers placed a GPS tracking device on the vehicle to monitor its movements.
They eventually tracked the car to a hotel where Root was seen getting into the driver’s seat. Officers attempted to block him in with their police cruisers, but Root allegedly drove into one of the cruisers to escape.
Body cam footage shows officers later tracking Root and the Ford Focus to a Kum and Go gas station. When Root exited the gas station and saw the officers, he ran past them toward the street. Comstock’s camera footage shows him using the Taser on Root, who collapses headfirst and does not move again.
“No one disputes the tragedy that occurred,” Domenico wrote in his ruling.
Nevertheless, Domenico said that the outcome is not relevant in analyzing what Comstock knew before he decided to use the Taser.
“Those circumstances included a suspected felon who had struck a police vehicle while fleeing from officers, who had not responded to multiple lesser uses of force, and who was creating an apparent danger to himself and the public by running towards a busy street,” Comstock wrote.
While Root’s lawsuit was dismissed, it was done so without prejudice, leaving the opportunity for Root to refile if he presents additional evidence or stronger legal arguments.
