A Topeka police officer did not use excessive force while arresting a man four years ago, a federal grand jury has ruled.
Timothy Harris, who is Black, had alleged in the lawsuit that Officer Christopher Janes, who is white, violated his civil rights by throwing him to the ground, punching him, and using pepper spray while his hands were handcuffed behind his back.
Harris suffered a broken jaw and scrapes during the arrest.
He was later convicted of parallel parking too far away from the curb and interference with a law enforcement officer.
Harris’ attorney said Harris was not resisting arrest, and Janes became frustrated after Harris made what he considered a sarcastic remark to the officer, WIBW-TV reported.
Janes’ attorney said body cam video from the arrest showed that Harris was actively resisting, and had displayed several “pre-attack” behaviors police are trained to look for during an arrest.