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WARNING DISTURBING: Hercules police use Taser on man suffering medical emergency
Hercules body camera video, obtained by KTVU, shows Hercules police officers using a Taser on Jack Bruce, then 21, in April 2024. He had just suffered an epileptic seizure.
OAKLAND, Calif. - A federal judge allowed several claims to survive in a young man's lawsuit against the city of Hercules, the police department and fire district, after "disturbing" body camera video showed authorities pulling him out of his car after he suffered a grand mal seizure and stunning him with a Taser.
‘Disturbing’ video
In a Tuesday ruling, U.S. District Judge Yvonne Gonzales Rogers declined a bid to dismiss Jack Bruce's suit, which the 22-year-old filed in February, alleging excessive force, battery, false arrest, negligence, defamation and violation of the Americans with Disabilities Act.
Earlier in August, Gonzales Rogers told the parties that she had watched the video, which she found "disturbing," according to Bruce's lawyers.
Her ruling specifically states that Bruce "sufficiently alleged" that he has a disability and that the police and Rodeo Hercules Fire District "failed to accommodate his disability in the course of investigation or arrest."
"We are gratified that the court ruled in Mr. Bruce's favor on every issue raised by the Fire District, especially since its ruling was based not only on our written complaint, but also on a video of the incident from one of the defendant's own cameras," one of Bruce's attorneys, David Fiol, told KTVU. "After reviewing the video, the judge felt there was sufficient evidence to hold the defendants liable, and we believe a jury will agree."
Jack Bruce, 22, and his father, John Bruce, who used to be a Richmond police officer for 27 years.
Hercules denies responsibility
The city of Hercules and the fire district have both denied that police officers are legally responsible for Bruce's injuries and damages alleged in the complaint. They also deny that any of the officers were negligent or breached their duty, as alleged in the complaint.
Both the Hercules and county lawyers signaled to the judge that they would be arguing for "qualified immunity," a legal term that protects government officials from liability in civil lawsuits unless their conduct violates someone's constitutional rights.
Suffering seizure, Taser used
Bruce's ordeal unfolded on April 1, 2024, when he was driving home in his Toyota Camry after visiting his grandmother on Refugio Valley Road in Hercules.
That's when he suffered from a tonic-clonic seizure, previously known as a grand mal seizure, which he had never had before.
His car ended up rolling off the road, down a little embankment.
Two witnesses saw what happened, called 911 and went over to help.
When police approached the car, the video shows his head bobbing, and his body convulsing.
Body camera video shows the police, at first, being gentle with Bruce, but then getting frustrated that the dazed young man wasn't heeding their orders to get out of the car.
Video shows police tasing him three times. One officer yelled "Do not fucking fight us." Video also shows the officers dragging Bruce out of the car by his limbs and hair.
Bruce was taken to the hospital, where he was diagnosed with having a seizure.
The two sides are scheduled for a settlement conference on Dec. 3.
Hercules police Tase Jack Bruce who suffered from an epileptic seizure on April 1, 2024. Photo: Bodycamera video