From [HERE] A federal judge said a lawsuit against Fairfax County that alleges a white police officer used excessive force can move forward.
The September 2015 incident showing an officer using a stun gun on Elton Cansler was recorded by witnesses on their cell phones in a shopping plaza in the Franconia area of Fairfax County.
During a hearing on Friday, the judge referred to the video calling it "pretty clear evidence" documenting what happened.
“I'm feeling good that everything is going forward,” said Cansler.
The lawsuit filed by Cansler and his attorneys states that the amount of force used by Officer Alan Hanks was excessive. “The suit alleges a violation of his Fourth Amendment rights,” said Maxwelle Sokol, Cansler’s attorney.
Those rights guarantee a reasonable amount of force during an arrest. The portion of the lawsuit states that department policies violate those constitutional protections.
One of the witnesses who took the cell phone video said at the time after the 2015 incident, “The gentleman just happened to be walking down the sidewalk and the cop pulls up in front of him, tells him to turn over, and as soon as he has his back turned towards him, he tases him. He didn’t see it coming.”
Several days after the incident, Fairfax County Police Chief Edwin Roessler held a press conference clearing Officer Hanks of any wrongdoing and saying he complied with policy.