An Ohio man is suing police, saying he sustained debilitating injuries after being Tased.

The Ashtabula resident filed a lawsuit against his city, its police department and Patrolman William H. Felt Jr., following a May 2010 incident with a Taser gun that left him with debilitating injuries, U.S. District Court Northern District of Ohio records show.

Hubert Dietrich, 59, of Ashtabula, said Felt abused him with a Taser and a K-9 officer (dog) on May 26, 2010, outside his West 41st Street business. In the lawsuit, Dietrich said the action also violates his civil rights.

This is the third lawsuit filed in the past year involving Felt, according to Ashtabula County Common Pleas Court records.

Dietrich couldn't be reached for comment Tuesday, but in an earlier interview with the Star Beacon, he said this incident started when he, Phil Corron and Robert Bowlin stopped at Sheetz on Route 20 after work. Dietrich and Bowlin each bought a 24-ounce can of beer, and Corron bought a bottle of water. They then drove to the office on West 41st Street.

When they arrived, the other crew members were standing in the driveway. Bowlin opened his beer and stood about 25 feet from the street, Dietrich said.

Felt drove by in his cruiser with a K-9, Dietrich said.

"He said to Bowlin, 'Come here, I want to talk to you,'" Dietrich said. "Bob (Bowlin) said, 'Why? What'd I do wrong?'"

Felt said he was going to arrest Bowlin for having an open container. Dietrich said he told Felt he couldn't do that because Bowlin was on private property -- his property, not in the street or on a sidewalk.

"On a hot day, when you can't stand on your own property and have a can of beer after work without being arrested, something is wrong," Dietrich said. "Officer Felt handcuffed Bob (Bowlin) and told me I was under arrest. I said, 'No I'm not.' I turned my back to walk to my office to call my attorney and (Felt) shot me in the back (with a Taser gun)."

Dietrich said he reached back and pulled out the barb in his back. Officer Felt ran around and shot Dietrich two times in the chest with the Taser. One barb struck him right above the heart, he said.

"I dropped to the ground," Dietrich said. "He sicced his dog on me and he chewed on me."

Dietrich suffered injuries and needed medical care, according to the lawsuit. He also will continue to need medical and psychological care, according to the lawsuit.

In his police report, Felt said Bowlin was walking down the street drinking a beer, and that Dietrich used profanity against him and interfered with his investigation.

Dietrich called the allegations "a complete fabrication." He said Felt threatened him and caused him injury and pain, the lawsuit states.

Dietrich's chest felt "funny" from the Tasering near his heart and he went to the hospital, he said.

"I never felt such pain," he said. "My nerves were jumping all over."

Dietrich is suing for $75,000; and in addition, he wants another $1 million in punitive damages from Felt, according to the lawsuit.

Police charged Dietrich with obstructing official business, aggravated disorderly conduct and resisting arrest, court records show.

At his three-day jury trial last month, the aggravated disorderly conduct charge was dismissed, and he was found not guilty of resisting arrest and guilty of obstructing official business, according to Municipal Court records. Judge Albert Camplese sentenced him to 10 days in jail, with 10 days suspended and fined him $765, according to court records.

Bowlin was charged with open container and resisting arrest, court records show. Both charges were later dismissed, court records show.

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By Shelley Terry - Star Beacon, Ashtabula (MCT)

Copyright (c) 2011, Star Beacon, Ashtabula, Ohio

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