K-9, and Sheriff, Named for Excessive Force

Mower County Sergeant Jeff Ellis, and his K-9 police partner, Tazer, have been sited for using both unnecessary and excessive force during an arrest on July of 2007, as reported by the Austin Daily Herald.

The lawsuit has been filed in U.S. District Court. 

While arresting felony suspect Peter Vought, 47, of Owatonna, Ellis, a candidate for sheriff in an upcoming election, is accused of  violating Vought's civil rights.  The K-9 working alongside Ellis during the arrest, Tazer, left behind several puncture wounds to Vought's upper thigh and buttocks.

The federal complaint reads that Vought suffered "serious, permanent injuries and, since July 4, 2007, has suffered and continues to suffer special damages including medical costs, as a direct and proximate result of the illegal seizure and excessive force used against him by Ellis in violation of his constitutional rights."

There is no mention of any injuries related to the July 2007 arrest in a Mower County District Court document. The document only shows charges for burglary and other felonies.

The criminal complaint began with Vought broke into a woman's apartment. Once inside the apartment a couple also entered. Vought allegedly then began to slash the legs and feet of the man and yell at both that he planned on using a kitchen knife to stab them and then kill them.

The complaint said that the altercation ended there. The man led Vought out of the apartment and down to the street. At that point they were spotted by police. Vought, seeing an imminent arrest, quickly fled between two garages.

Austin police then contacted Ellis so that he could use Tazer's help tracking Vought.

Ellis yelled three warnings, per the complaint, identifying both himself and his intentions before allowing Tazer to begin his part of the search.  Vought elicited no response.

Vought was quickly located, and apprehended, by Ellis and Tazer.

In the criminal complaint Vought was found guilty of both fifth-degree assault and making terroristic threats during the altercation.

The lawsuit contends that Ellis ordered Tazer to attack Vought though Vought was unarmed, had his face to the ground, and was not resisting arrest or attempting to flee. The suit says, "… Ellis, acting under the color of state law, violated and deprived Vought of his clearly established and well-settled rights to be free from the use of excessive and unreasonable force and unreasonable seizure."

Excluding interest and costs, Vought is seeking over $75,000 in compensatory damages for mental anguish, humiliation, and pain and suffering.

Ellis was charged once before, in 2009, with excessive force. At that trial he was found not guilty.

Mark May, the Mower County Chief Deputy, said the he had not seen any details on the lawsuit and could not comment on the matter. Duane A. Kennedy, the attorney representing Vought, could only confirm that a lawsuit was filed on Vought's behalf.

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