LubbockOnline

An Amarillo man has filed a lawsuit against four city officers, alleging they used excessive force in an October 2010 incident.

The suit, filed Oct. 18 in Potter County, alleges that on Oct. 23, 2010, David Bastardo, 27, was standing on a sidewalk near Polk Street and Seventh Avenue on Oct. 23, 2012, when officers tackled him to the ground. The suit alleges officers struck Bastardo’s body and face and stunned him with Tasers more than once after he was handcuffed.

The lawsuit listed the defendants as Sgt. Jerome Godfrey, Officer Michael Vigil, Officer Dusty Johnson, Officer Esrael Silva Jr. and the city of Amarillo.

“The actions of defendants were unnecessary and unwarranted and constituted a use of excessive force,” the suit said.

City Attorney Marcus Norris said Bastardo was arrested following the incident, but the charges were later dismissed.

“The plaintiff’s petition doesn’t tell the entire story of what led up to that,” Norris said. “The lawsuit tells one side of the story. There’s more to the story.”

Norris declined to elaborate, but said more details will be revealed when the city files a response.

The lawsuit alleges Silva stomped and stood on top of Bastardo’s legs. The suit further alleges the officers deprived Bastardo of his constitutional rights “when they made an unlawful arrest” and used “excessive, unnecessary and unreasonable force.”

Bastardo is seeking damages for medical expenses, lost wages, physical pain and impairment, mental anguish and disfigurement, the suit said.

Bastardo has not been convicted of any felony offenses, but was placed on a year’s probation after he was convicted of an evading charge in July 2003, state records show.