From [HERE] A federal judge will allow a mother of a Latino man who fell 10 feet and died after a cop Tasered him to sue the city for using excessive force.

Judge Sandra Townes rejected a city effort to dismiss the $10 million suit against two cops because there is enough evidence they violated police guidelines in using the stun gun to bring down Iman Morales even though he was standing on a second-floor ledge. In the Sept. 24, 2008 incident, Morales, who had a history of mental illness, had been running naked on a fire escape of a building on Tompkins Ave. in Bedford-Stuyvesant, wielding a fluorescent light bulb.

With Morales perched more than 10 feet above the sidewalk, Officer Nicholas Marchesona fired the 50,000-volt electroshock on the orders of Lt. Michael Pigott, then a supervisor in the NYPD's elite Emergency Service Unit.

Morales suffered a seizure and pitched forward, striking the pavement head-first. Police Department guidelines state the a Taser should not be used if a person could fall from a height. After the incident Offier Pigott committed suicide. According to reports, his suicide note indicated that he was afraid of being charged for the death of Morales.