Cedar Rapids police officers face federal lawsuit over claim of “excessive force”

A Cedar Rapids man is suing the city and two police officers, claiming they wrongfully arrested him and twisted one of his arms with such force that it tore his rotator cuff.

Patrick James Sr., 45, in a lawsuit filed last Thursday in U.S. District Court, claims Cedar Rapids police officers Grant Rasmussen and Bruce Payne came to his home Jan. 29, 2014 to arrest his son Patrick James Jr., 20. However, according to the suit, a mixup occurred when the officers only asked his daughter for 'Patrick James” and then asked her father to come downstairs.

The officers then asked if he was Patrick James and when he said 'yes” they told him he was under arrest and 'forcefully” grabbed his arms, twisting one arm as they placed him in hand cuffs, according to the lawsuit. James Sr. asked the officers to clarify who they wanted. Rasmussen and Payne then said they were arresting Patrick James Jr., who was 20-year-old and had brown hair.

'Do I look 20 years old?” James Sr., who is 45 with gray hair, said, according to the lawsuit.

'I don't know,” the officers replied.

James Sr. then called for his son to come downstairs and the officers released the father and arrested James Jr.

According to the suit, James Sr. filed a personnel complaint with the Cedar Rapids Police Department Jan. 29, 2014 and still hasn't received a response.

Greg Buelow, Cedar Rapids public safety spokesperson, said Tuesday, as a matter of policy, city officials cannot comment on pending litigation.

The suit claims James Sr. was 'traumatized by the unlawful arrest” and his arm was twisted in an 'unreasonable and unnecessary” manner which resulted in tearing his rotator cuff, an injury that required treatment and surgery. It also contends the officers violated his constitutional rights of due process and protect against unreasonable searches and seizures.

James asks for a judgment against the city and each officer to fairly compensate his injuries, damages and attorney's fees, and also asks for punitive damages against the officers.