DENVER, Colo. (KOAA) — In 2022, Jacob Root was left paralyzed during an arrest by Colorado Springs Police. He filed a $100 million lawsuit against the officer who tased him, Robert Comstock. A federal judge dismissed the lawsuit earlier this year, but on Thursday, a judge heard oral arguments for the case inside the 10th Circuit Court of Appeals.
The day of the incident, Root was in a reported stolen vehicle at a Kum & Go on Airport Road. Police body camera video shows Root running away from police, being tased by Comstock, and falling outside of the gas station parking lot. The original lawsuit says Root broke his neck during the fall, leaving him paralyzed.
Harry Daniels, the attorney representing Root, argued why his client's civil case against Comstock and the City of Colorado Springs should move forward.
“Mr. Root was an unarmed individual," Daniels said. "[He] did not pose a threat, serious physical harm to the officer or the public.”
Daniels claims the way the taser was used by Comstock should be categorized as deadly force.
“Deadly force is force that carries with a substantial risk of serious injury or death," Daniels sid. "Tasing a person in an elevated position absolutely carries that potential risk.”
CSPD policy says officers cannot tase a person in an elevated position. Daniels emphasized where Root was tased from.
“He was tased at the peak of the elevation and essentially flew down that elevated slope. Causing his neck to strike against the curve, breaking it, and rendering him quadriplegic," Daniels said. "This is not just a foot, a small hill we’re talking about. It’s more than that.”
Brian Stewart, the attorney representing Comstock and the City of Colorado Springs, says Comstock only deployed his taser after Root had evaded and resisted "every less forceful arrest attempt."
"This case is about a reasonable, split second decision to stop a fleeing felony suspect," Stewart said.
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Stewart was asked by the judge if Comstock violated department policy when he did not say "stop" or "I'll tase you."
"The policy does not require a taser specific warning," Stewart said. "It’s just a warning or a chance to comply with orders.”
Stewart says several warnings were given to Root and also acknowledged the "elevated postion."
“Running down a slope might impose some additional risk as opposed to a person running on level ground," Stewart said. "But that doesn’t make Officer Comstock’s decision in this case unreasonable.”
Stewart adds deploying the taser was an "inherently reasonably" action by Comstock, given the circumstances.
“We have to remember that Officer Comstock, when he tased Mr. Root, he had good reason to suspect Mr. Root of not just stealing that 2017 Ford Fusion, but also of using that car to crash into a police car at the Aspen Lodge," Stewart said.
A back-and-forth between Stewart and the judge touched on what risk running towards Airport Road posed to Root, officers, and drivers.
Judge: "If someone is crossing a quiet residential street and police are pursuing that person, it’s reasonable to tase that person?"
Stewart: “If that person is running headlong towards a public road, yes sir. I would say so. We approach all public roads with caution because it only takes one car.”
The 10th Circuit Court of Appeals accepted the case. A review hearing for a state lawsuit is also scheduled in December.
Officer Comstock is still employed by the Colorado Springs Police Department.
Email Senior Reporter Meghan Glova at meghan.glova@koaa.com.
Follow Meghan Glova KOAA on Facebook and @meghanglova on X.
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