O'Connor Law

The Associated Press

June 02, 2008

UNIONTOWN, Pa. (AP) _ A man has filed suit in federal court accusing Uniontown police of zapping him with a Taser while arresting him at his home on an outdated warrant.

The lawsuit filed by Morris Earquhart in federal court in Pittsburgh said two officers responded to a 911 hang-up call at his home on Dec. 1, 2006. They left after Earquhart's wife told them nothing was wrong, but returned moments later with an arrest warrant, the suit said.

Earquhart, 35, said he had paperwork to prove that a judge had rescinded the warrant three months earlier, but when he tried to show it to police he was Tasered. He said the Tasering caused him to lose control of his bladder and left him with permanent nerve damage.

"The officers' conduct is outrageous," said Kelly Graham, one of Earquhart's attorneys. "They should have taken the time to listen to what he was saying. They refused to listen. This could have been avoided."

The suit, which seeks unspecified damages, names the city and the officers as defendants and accuses them of illegal actions "based in whole or in part" on the race of Earquhart, who is black.

The city hasn't responded to the suit filed Thursday. City solicitor Ricardo Cicconi did not immediately return a call seeking comment Saturday.


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