Judge tosses lawsuit in stun gun case

JACKSON, Miss. (AP) - A federal judge has dismissed a lawsuit against the city of Jackson over a 2007 stun gun death.

The Clarion-Ledger reports (http://on.thec-l.com/WZyzE7) Patricia Forbes' 2009 lawsuit alleged negligence and excessive force by a Jackson police officer against her son.

Ellie Turnage, an attorney for Forbes, argued the case should move forward to examine whether the officer was properly trained in the use of a stun gun and whether excessive force was used.

But U.S. District Judge Henry Wingate threw out the lawsuit this week, saying there was no proof that the city had a policy that led to Rafael Forbes' death.

Forbes had been arrested following a foot chase. Police say the stun gun was used on him after he resisted arrest.

Information from: The Clarion-Ledger, http://www.clarionledger.com

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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