Durham man tased appeals case to State Supreme Court
DURHAM (WTVD) -- There's an update from an attorney whose client was involved in a tasing incident by Durham police.
Now, over five years after Bryan DeBaun was tased by police and seriously injured, the case is heading to another round in courts.
DeBaun racked up $34,000 in medical expenses in 2009. He broke his jaw when he hit the pavement after being tased by a Durham police officer who was trying to detain DeBaun after finding the man walking in the traffic lane of Holloway Street after a night of drinking.
Tuesday, for the second time in two years, the North Carolina Court of Appeals ruled DeBaun could not sue the city or the police for excessive force. The court upheld its ruling that the City of Durham is protected by governmental immunity.
DeBaun's attorney announced Wednesday that he will appeal the case once more to the State Supreme Court. He argues that, in cases like this one, Tasers are tantamount to deadly force and should not be used on an unarmed citizen.
