Lakota farmer sues sheriff's deputy for excessive force - first time a military-style drone was used in the arrest of a U.S. citizen

Lakota farmer sues sheriff's deputy for excessive force

Grand Forks Herald-1 hour ago

Then-Sheriff Janke used a Predator drone to observe whether the ... over the akota, N.D., farmer whose felony terrorizing conviction was recently tossed out by North Dakota Supreme Court is suing the former Nelson County sheriff's deputy who arrested him three and a half years ago, claiming the deputy used excessive force when he used a Taser on him to the point of "torture."

Rodney Brossart alleges that former sheriff's deputy Eric Braathen shocked him with a Taser gun at least five times "with the specific intent of inflicting pain," causing him "temporary and permanent injuries and extreme emotional distress," according to the civil complaint, which was filed in federal district court in June and amended Monday.

"The use of the Taser in this case amounted to torture and other cruel, inhuman, humiliating and degrading treatment," the complaint reads.

Brossart is seeking compensation for physical and emotional pain suffered from the incident, medical expenses incurred, loss of wages and loss of earning capacity, and other damages.

Nelson County and former Nelson County Sheriff Kelly Janke are also named as defendants in the complaint.

The civil complaint stems from an incident that happened in June 2011, when then-deputy Braathen was dispatched to Brossart's farmstead to resolve a call about stray cattle that had wandered onto Brossart's property.

Brossart's case drew international attention as the first time a military-style drone was used in the arrest of a U.S. citizen. Then-Sheriff Janke used a Predator drone to observe whether the Brossarts were carrying weapons before dispatching officers there.

Brossart was pumping water from a ditch on his property when Braathen and another officer approached him to ask about the loose cows, according to court documents. But Brossart was not interested in talking with the officers and wanted to finish his work, at one point saying to the officers, "If you step foot on my property, you are going to not be walking away," according to court documents.

The officers took Brossart's comment as a threat, and the situation escalated from there, with Braathen shocking Brossart in the chest with a Taser at least five times, according to court documents.

Brossart ended up on the ground, falling into the "sloppy wet mud" of a ditch off the road "like a defeated, butchered pig," wrote his attorney, Tim Lamb, in the civil complaint.

Brossart was subsequently handcuffed and taken into Braathen's patrol car.

Brossart now alleges that Braathen used excessive force in violation of his Fourth Amendment rights when stunning him over the relatively "minor" complaint of six missing cattle, according to the civil complaint.

Brossart complained of chest pains immediately after the incident, Lamb writes in the complaint, and appeared to go unconscious for a time. The officers took him to Mercy Hospital in Devils Lake, where he was examined, before transporting him to jail.

Lamb does not specify in the complaint what injuries Brossart sustained. Lamb pointed to studies and an Amnesty International report, citing the potentially lethal effects of Tasers.

Following the incident, Brossart was charged with terrorizing, a felony, in state district court in Lakota.

After months upon months of political tug-of-war — in which Brossart initially refused to show up to his court hearings, a district judge rejected a controversial plea deal with Brossart and two prosecutors dropped out of handling the case — Brossart was convicted by a jury of the terrorizing offense in November 2013.

But on Monday, the North Dakota Supreme Court issued an opinion reversing the felony conviction and ordering another trial for Brossart on the terrorizing charge, on grounds the jury was never instructed as to what constitutes a true "threat," as opposed to constitutionally protected speech. A person could be guilty of terrorizing if he threatens to harm another person.

Both Lamb and Howard Swanson, who is defending Braathen, Janke and Nelson County, said the Supreme Court's reversal of the criminal conviction will not have an impact on the civil case at hand.

Thomas Brossart, Rodney's son, is also included in the civil suit. He is also alleging that the deputy used a Taser on him without any reason while in the backseat of Braathen's patrol car.

The complaint was amended and filed in federal court Monday to add Thomas' name, which had mistakenly been interchanged with that of his brother, Jacob. It was also changed to reflect that the claims made against the Nelson County Sheriff's Department had been dropped, since the agency is not liable — rather the county is — under North Dakota law.

Federal District Judge Ralph Erickson called Lamb's argument for including the agency as one of the defendants "thin gruel" and ordered all claims against the agency dismissed in December.

The new complaint also drops all claims made under state law — as opposed to federal law — because Lamb missed the deadline to file state law claims against the defendants.

Brossart's case is not scheduled to go to trial until March 2016.

Braathen is now the chief of police at the Killdeer Police Department. Janke resigned from his post as sheriff in January 2014 to avoid criminal charges against him involving a former romantic relationship he had outside of marriage.

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