ALBUQUERQUE (AP) – A federal appeals court says two Albuquerque police officers can be sued for using a stun gun on a suspect who suffered from mental illness and later died.
The 10th U.S. Circuit of Appeals ruled Monday that Albuquerque officers David Baca and Andrew Jaramillo weren’t immune from the way they used the stun gun on Jerry Perea during a 2013 encounter.
According to a wrongful death lawsuit filed by Perea’s family, Perea was hit with a stun gun 10 times.
The city had argued the officers were justified in using the stun gun. An autopsy later revealed Perea had heart disease and methamphetamine in his system.
Both officers attempted to subdue Perea, who was on a bicycle, following welfare check call.
The medical examiner could not determine his exact cause of death.