HAYWARD, Calif. - A man arrested by Hayward police earlier this year is now suing, claiming police officers used excessive force.
Police said Keith Swain had a gun, and appeared to be intoxicated and holding a gun when he walked into a Metro PCS store on Easter.
Cellphone video showed Hayward police using force to capture him.
Swain has filed a lawsuit against the city, saying officers used excessive force by putting him a headlock and kicking him in the stomach.
In April, Hayward police Capt. Bryan Matthews said in a statement that the department's Internal Affairs Unit is investigating the circumstances of Swain's arrest and that the department "takes all use of force incidents seriously."
Matthews said that the department typically interviews multiple witnesses and analyzes several hours of video footage when investigating uses of force by officers.
"We do not draw conclusions about whether the officers acted consistently with department policies and the law until all the facts are known and the investigation is complete," Matthews said. "We recognize the community entrusts us with the legal authority to carry out our duties and we do not that that responsibility lightly."