Three cops tackle, mace and taser a "suspect" later charged with Disorderly Conduct -- "Suspect" acquitted on all charges, now sues town

Man sues city of Oelwein, police over excessive force
By JOSH NELSON

WCF Courier
Jul. 06, 2010

OELWEIN --- A Coralville man is suing the city of Oelwein, claiming police used excessive force in an arrest two years ago.

Zachary Collins filed the lawsuit in U.S. District Court in June against the city, the Oelwein Police Department and officer Daniel Banks.

Collins alleges during an arrest, police "Maced him, Tasered him and had three police officers tackle him." He said Banks "wrenched" his left arm behind his back, and he still has continuing pain and weakness in the extremity.

"The injury is permanent and will require future surgery," Collins' suit said.

The incident stemmed from Collins' May 24, 2008, detention for disorderly conduct and interference with official acts. Collins also claimed it was false arrest and police never told him what he did wrong. He was acquitted of both charges on Oct. 28, 2008, according to court records.

Beth Hansen, an attorney representing the city, said in an answer to the suit that Collins was arrested but denied police used excessive force during his arrest. Banks and the other officers were "acting in good faith" when they arrested Collins and any injuries were not to be blamed on their actions, she wrote.

"Plaintiff's fault was the sole proximate cause or contributing proximate cause of his alleged injuries and damages," Hansen said in her filing.













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