Video: Deputies accused of excessive force in lawsuit

The sheriff's office said they cannot comment on the incident

(Credit: CNN/KERO)

(CNN) – A California sheriff’s office is facing a civil lawsuit. It accuses deputies of using excessive force while forcefully taking a suspect into custody at a Bakersfield convenience store.

On September 3rd, deputies were called to the Fastrip on Fairfax and Niles after receiving several calls that Allen was disturbing the peace. According to the report, when deputies Jason Ackerman and Erik Loera arrived at the convenience store they contacted Allen, and believed he could be possibly armed with a sharp object or other weapon. Both deputies telling investigators that they instructed Allen to place his hands on the back of his head, but that Allen resisted.

Moments later, Allen was slammed to the ground, as seen in surveillance video. For nearly a minute, surveillance videos shows the deputies struggling to arrest Allen, before punching and striking him several times with a baton.

In a report, deputy Ackerman told investigators he struck Allen up to six times, and also used pepper spray to arrest him. Deputy Loera stated that he determined that it would be best to strike Allen after he attempted to punch both deputies.

Pictures show a bloodied Allen both on the ground and deputy Ackerman with injuries to his hand and legs.

Allen was charged with two counts of resisting arrest, a felony count of possessing brass knuckles, and several drug charges. But after a Kern County judge reviewed the surveillance video, Allen’s charges were reduced and he accepted a plea deal.

Allen’s attorney Kathleen Faulker said that she has contacted the Attorney General’s office and says that they will be conducting an investigation. Faulker noted, “99 percent of cops are great. Bad cops get good cops killed. I think that’s why it’s essential that we get the public’s trust back in law enforcement and get rid of the bad cops.”

The sheriff’s office said they cannot comment on the incident because of the ongoing investigation.