Williamsport — WILLIAMSPORT — A Mifflinburg area man has settled out of court his federal lawsuit in which he claimed two of the borough’s police officers used excessive force to arrest him.
U.S. Middle District Judge John E. Jones III on Friday dismissed the lawsuit pending the expected approval of the settlement by Mifflinburg. Terms were not disclosed. Jury selection in the case was scheduled for Monday.
Ralph C. Burrell, 67, had accused officers Michele Foose and Mark Bailey of using excessive force when Foose twice used a Taser gun to subdue him on Oct 18, 2006, in the parking lot of the Buffalo Valley Shopping Center.
In June, Jones had dismissed Burrell’s claims of unlawful arrest and malicious prosecution.
Police were involved because female employees of the Family Dollar store in the shopping center became concerned when, near closing time, they saw Burrell sitting in his car near their vehicles in the parking lot on Oct. 16, 2006.
He complied with officers instructions to leave, but two nights later, after going to the shopping center to do his laundry, he was observed again at about closing time in his car near vehicles belonging to Family Dollar female employees.
Police said they contacted the shopping center manager, and he gave them permission to have Burrell removed from the lot. When Foose told Burrell to leave, he objected, saying he was in a public place.
According to court documents, this is what happened:
Bailey told Burrell he would be charged if he did not comply. When Burrell got out of his car, Foose instructed him to turn around and put his hands on the vehicle, but he did not comply.
Bailey claims when he attempted to handcuff Burrell, he was pushed back and Burrell began flailing his arms. Both officers attempted to handcuff Burrell without success and that is when Foose used a Taser gun to subdue him.
Burrell claims in his court complaint he was Tasered twice, the second time causing him to defecate in his pants and fall to the ground in pain. He was taken to police headquarters and charged with aggravated assault, resisting arrest, trespassing and other counts.
He was acquitted June 15, 2007, in a trial before Union County Judge Louise O. Knight.
Burrell was seeking unspecified damages for what he claimed were violations of his constitutional rights.
