A Cheyenne, Wyoming, resident has filed a federal civil suit against the city, claiming that city police caused a man lasting brain damage in a 2007 arrest that violated his constitutional rights.
Iva McClinton filed the complaint on behalf of her son, Daris R. Peters. The suit alleges that three Cheyenne officers held Peters face down on the ground while handcuffing him during the arrest on April 16, 2007. This cut off the flow of oxygen to his brain, causing him to stop breathing. Court documents said that this lack of airflow caused brain damage as a result of cardiac arrest and anoxic encephalopathy.
In addition to naming the city, the suit names officers Geffery Mims, Kent Davis and Stephanie Nation, as well as the police department as a whole.
Court documents filed on behalf of the officers said they were called to the scene because of Davis' behavior as he was walking near an apartment in the area. The documents did not specify the nature of the behavior mentioned.
Reports indicate that Davis was tasered at least five times during the arrest, in addition to the alleged suffocation from being held down.
“After handcuffing (Peters’) hands behind his back, he was physically held in a prone position by all three officers, with at least one officer placing his knee on (Peters’) back,” the complaint said. “Even though (Peters) began gasping for air and had difficulty breathing, the officers did not turn (Peters) over and put him in a position where he could breathe properly.”
The suit is seeking $840,000 in medical costs, along with court expenses and possible punitive damages.
The police department declined all comment in the matter, saying they did not have any information or know when it would be appropriate to discuss their strategy in the case. The department has retained counsel for the officers’ defense. Casper attorney Patrick Murphy has been assigned to represent both the officers and the department as a whole in the matter.

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