A 78-year-old man has filed an excessive force lawsuit against two Westminster police officers

The lawsuit involves Clayton Shriver, who was 78 years old in the incident.

“We filed this lawsuit because it’s extremely concerning to me that the city of Westminster would ever think it’s OK for one of their young, in-shape police officers to tackle and then tase twice a 78-year-old man, and he suffered some pretty serious injuries as a result of that incident,” Tiffany Drahota, Shriver’s attorney, said.

The lawsuit states that the incident happened on May 15, 2020, at Walmart at 7155 Sheridan Blvd. Shriver was on a shopping trip at Walmart when he started feeling ill and went to sit and wait for his partner inside the store’s fast-food chain restaurant, according to the lawsuit. When Shriver entered McDonald’s, the lawsuit states that he mistakenly sat down at a seat that was designated as a non-seating area due to COVID-19.

The lawsuit states that Shriver suffers from many serious medical and emotional health conditions, including multiple closed head injuries and traumatic brain injuries, memory loss, organic mood disorder, hearing loss, and several other medical conditions.

At that time, a staff member told Shriver that he needed to purchase something or leave the store. Shriver was unable to hear what the staff was saying to him due to his medical condition, according to the lawsuit. Shriver believed the staff could not understand him and he began to raise his voice, according to the lawsuit, and explained that he needed medical help.

The lawsuit states that Westminster police officer Michael Owen, who was already at Walmart for an unrelated reason, responded to McDonald’s due to a call by Walmart loss prevention. The lawsuit says that when Owen arrived at McDonald’s, he observed Shriver sitting in the “no sitting” area while speaking loudly. The lawsuit alleges that Owen was unable to hear what Shriver was saying.

Shriver then provided Owen with his name and said he was suffering from a medical condition, according to the lawsuit.

Shriver said he heard McDonald’s staff complaining to Owen about him, which is when he said he put his arms up and said, “Wait a minute, I’m in terrible pain.” The lawsuit states that Shriver then heard that he was being asked to leave, so he stood up and told Owen, “OK, I’ll go to my car.”

Shriver then started to walk out of McDonald’s, according to the lawsuit, and that’s when Owen grabbed Shriver and threw him to the ground. The lawsuit claims that Owen placed handcuffs on Shriver, who stiffened up in pain and tried to roll over. That’s when Owen allegedly grabbed his Taser and used it on Shriver.

The Taser caused Shriver significant pain, and the lawsuit said he cursed at Owen while trying to pull the probes out of his body.

A second officer, who has been identified as Tyler Farson, arrived on the scene to assist Owen. They attempted to force Shriver’s arms behind his back and formally arrest him, the lawsuit states. At that time, Farson used the Taser on Shriver a second time.

Once the officers had Shriver placed in cuffs, they called for medical personnel to assess him. Shriver was taken to the hospital by ambulance, where he was treated for the following injuries, according to the lawsuit:

Severe right knee pain
Right elbow pain
Right knee abrasion
Right elbow contusion
Punctures and bleeding to his lower back

“I have no idea why it escalated. … I think it was really hard for the officers and the workers to understand him because he’s in the middle of a medical emergency, and so, I don’t think he was clearly communicating, but that was due to his health,” Drahota said.

“I think any reasonable police officer would’ve taken the time to really help him as opposed to tackle him and then tase him twice,” Drahota said.

The lawsuit alleges that Shriver continues to have right hip pain and lacks full range of motion in his right shoulder. He’s also still receiving follow-up care for those injuries.

Shriver was originally charged with trespassing, obstructing a police officer and resisting arrest. The lawsuit claims all charges were eventually dismissed.

FOX31 reached out to the Westminster Police Department and was sent the following statement: “We are aware of the lawsuit, but due to the pending litigation we cannot comment on the matter. Neither officer is currently employed by the Westminster Police Department.”
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