CSPD officer faces $100 million lawsuit for incident that left man paralyzed

(COLORADO SPRINGS) — May 16, 2022, was the day that Jacob Root was paralyzed from the neck down after an altercation with Colorado Springs Police Department (CSPD) Officer Robert Comstock. Comstock now faces a $100 million lawsuit.

According to a press release from the law firm representing Root, the incident started with a report of a stolen car, investigated by the BATTLE (Beat Auto Theft Through Law Enforcement) Task Force, which included resources from CSPD, the El Paso Sheriff’s Office, and the Colorado State Patrol. In the process of attempting to recover the stolen vehicle, the task force approached Root at a Kum & Go gas station on Airport Road and chased him on foot.

The law firm said Officer Comstock then tased Root “with no warning,” and Root fell face-first down an incline. After being tased, Root could not use his arms to break the fall, and as a result, the fall broke his neck, leaving him paralyzed.

Warning: Some images from police body-worn camera footage in the below gallery may be disturbing to some viewers. Discretion is advised.

“I used to work in law enforcement myself. When you were shot with a taser, it immobilizes you immediately,” said civil rights attorney Harry Daniels, representing Root in the case. “So whatever position you think about, if you’re jumping in the air, you freeze, you can’t break your fall, you can’t reach out an arm, you can’t brace. So whatever position you are in, you are going to fall . . . that’s how Mr. Root fell.”

CSPD’s Standard Operating Procedures on the use of Conducted Electrical Weapons (CEW) strictly forbids officers from tasing someone “in an elevated position or a location where a fall may cause substantial injury or death,” according to the law firm.

“Officer Comstock chose to ignore the rules,” said Daniels. “He chose to disregard the safety procedures. He chose to act recklessly and dangerously and, because of that, Jacob Root is a quadriplegic.”

“He cannot . . . even brush his teeth, can’t wash his face, you know in a day he’s doing the best he can do,” Daniels continued. “He’s 31 years old. He’s 31, he’s at the peak of his prime. That was taken from him.”

FOX21 reached out to CSPD for comment.

“CSPD learned of this lawsuit this afternoon without notice through the news release that was sent to media outlets,” said Ira Cronin, Public Relations Manager for CSPD. “We are in the early stages of reviewing the facts of this case from two years ago and are reserving comment this evening.”

CSPD said Officer Comstock is still employed by CSPD and is in good standing with the department.

FOX21 News has learned a CSPD officer also named Robert Comstock, was involved in a deadly officer-involved shooting six months before Root’s incident. That shooting was ruled justified.

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FOX21 News will provide updates on this case when information becomes available.

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