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Local Man Files Tort Claim

Boise -- The city of Boise is facing a lawsuit after a local man claimed police officers used excessive force on him.

As part of this story we're going to play you audio from that arrest. We would like to warn you it is graphic.

Officer #3: Do you feel this?

Complainant: Yes, sir.

Officer #3: Do you feel that? That's my -

Complainant: okay

officer #3: Taser up your a**.

Complainant: Okay

officer #3: So don't move.

Complainant: I'm trying not to. I can't breathe.

That's audio taken from an arrest made by Boise Police officers last February. You're hearing two men. The first called officer number three. The second, a man, who is now filing a tort claim with the city of Boise. A tort claim is essentially a notice of the man's intent to sue the police department.

Officer #3: Now do you feel this in your balls?

Complainant: I do, sir. I'm not going to move. I'm not gonna move.

Officer #3: Now I'm gonna tase your balls if you move again.

A minute later, this exchange occurred:

Officer #3: Okay, I'm gonna take this taser out of your a**hole now. Are you going to fight with me?

Complainant: No, not at all, sir.

"Oh it was excessive use of force, that's plain and simple," said the man's lawyer, Ron Coulter.

Last week an ombudsman reported the police officers did use excessive force. That ruling came about because of that second round of tape we played you in which the officer threatened to taser the man's genitalia, and did taser his buttocks.

"I don't think it's necessary. I think if you can taser someone in an appropriate place it probably it's probably gonna have the same effect," said a Kuna woman.

"If you're doing what you're not supposed to they gotta stop you somehow," said an Emmett man.

"If it's an inappropriate place no and I think that tasing should only be used as a last resort, a 100 percent last resort," said a Nampa man.

The city of Boise chose not to comment on the case.

Coulter says they hope they can reach a resolution with the city outside of federal court and as "non-public" as possible.

"The tape speaks for itself and that's what we sometimes call the best evidence it's there. It speaks for itself," said Coulter.

Police were initially called to the man's house in response to a domestic dispute. They say the man pushed against the door to keep them out, and also yelled profanity. The city of Boise has 90 days to respond to the claim. On day 91, if no agreement has been made, it will then go to federal court.