Tyron McAlpin, Black deaf man who was beaten by Phoenix police, plans to sue city
The deaf Black man with cerebral palsy who was beaten and shocked by Phoenix police in a violent arrest earlier this year announced plans to sue the city and the officers to the tune of $3.5 million.
Lawyers for 34-year-old Tyron McAlpin filed a notice of claim with the city this week and said they will pursue legal action against three officers for the Aug. 19 beating, they said in a statement.
"The City of Phoenix has created a culture of impunity within its police department and has trained officers to escalate ordinary encounters by using unnecessary and unjustified force," the notice said.
On that day, Phoenix police officers Benjamin Harris and Kyle Sue responded to a trespassing call at a Circle K near Indian School Road and 12th Street. The white man they were asked to remove from the store claimed he had been attacked and pointed out McAlpin across the street.
According to footage, Harris told McAlpin to stop and grabbed him within a few seconds. There was a struggle among the men, during which Harris used a stun gun on McAlpin four times. The officers collectively punched him over a dozen times, video showed.
After the beating, McAlpin's attorneys claimed the police officers filed false reports that alleged McAlpin had committed aggravated assault while another officer wrote McAlpin stole his own cellphone. The third officer named in the claim, Jorge Acosta, was accused of falsifying the theft charge.
As a result, Alpin was in jail for three weeks and faced multiple charges that Maricopa County Attorney Rachel Mitchell later dropped.
"Tyron suffered severe physical, mental and emotional pain and suffering" because of the beating and "was falsely arrested and was deprived of his freedom for 24 days" because of the false report, the notice said.
When video footage of the incident was released at the Oct. 1 court hearing, public outcry and criticism from local leaders, civil rights and disability advocates reached national levels of attention. The officers involved were put on paid leave as the investigation continued.
Racial profiling is one of several claims against the Phoenix Police Department in the suit. Earlier this year before McAlpin's arrest, the department also came under fire when a Justice Department investigation found it systematically discriminates against people of color and against people with behavioral health disabilities in a manner that "violates the U.S. Constitution and federal law."
A spokesperson for the city of Phoenix, Dan Wilson, said the city doesn't comment on pending litigation, but that the incident was being investigated by the Professional Standards Bureau. The Phoenix Police Department did not comment. A previous statement released last month by interim Chief Michael Sullivan said he will review the bureau's findings and "take appropriate action."
"I recognize the video is disturbing and raises a lot of questions. I want to assure the community we will get answers to those questions," Sullivan said.
Contributing: Jeanine Santucci, Paste BN; Jimmy Jenkins, Maritza Dominguez, Miguel Torres and Taylor Seely, The Arizona Republic