TAMPA — A Florida district court has denied a motion to dismiss a complaint filed against the Pinellas County Sheriff's Office in an excessive force claim.
U.S. District Judge William F. Jung denied the claim on Jan. 17. The initial complaint was filed in the U.S. District Court for the Middle District of Florida, Tampa Division by Julie V. DeGraw, the spouse of the deceased, Donald C. DeGraw.
DeGraw had filed suit against the sheriff's office after her husband died following the use of a stun gun by Deputy Sheriff Gregory Goepfert.
Authorities were called out to the DeGraw household twice on Sept. 7, 2016 after Donald DeGraw suffered seizures on separate occasions that day, court documents said.
Julie DeGraw claims that her husband's civil rights were violated after police and the deputy sheriff used excessive force, and brought a state-law wrongful death claim against the Pinellas County Sheriff's Office.
In response, attorneys for the sheriff's office filed the motion to dismiss all three counts against them, but Judge Jung said the motions to dismiss for two of the charges should be determined at the summary judgement stage.
But Judge Jung dismissed a third count of state-law wrongful death with leave to amend.
Attorneys for DeGraw claimed that the sheriffs on scene used excessive force when responding to the 911 call for a medical seizure.
According to court documents, Donald DeGraw suffered post traumatic stress disorder and seizures following his experience as a medical officer with the U.S. Navy.
He had a seizure on the morning of Sept. 7, 2016 in his bedroom, and his wife called 911 for medical assistance. On the first call, DeGraw was able to respond to the sheriff's call for him to come down from his bedroom for EMT's to check him out. Although it was noted that DeGraw appeared to be disoriented and "a little confused." Not needing further assistance, EMTs did not transport DeGraw to the hospital. However, later that evening, he suffered a second seizure in his bedroom.
According to court documents, officers arrived before EMTs this time and were told that Donald DeGraw was confused and upstairs in his bedroom. Julie DeGraw informed the authorities that Donald DeGraw kept a gun under his bed pillow.
Officers used a stun gun on Donald DeGraw, whom they claim approached him in his disoriented state after being told to lie back in his bed. DeGraw died on the floor of his bedroom.
Attorneys for DeGraw's wife say "the manufacturers of dart firing stun guns had recommended they not be used on the head or chest area because of the likelihood that deployment in that area would result in death or serious bodily injury." Additionally, they argue that force applied by prolonged shocks to the bare chest "constituted lethal force," was excessive and caused DeGraw's death by cardiac arrest.