The U.S. Court of Appeals for the 8th Circuit Wednesday reversed the trial court's summary judgment against the parents of Nickolos Cyrus, which said the police used reasonable force against the man, and said sent the case against police and the Village and Town of Mukwonago back to trial, the Milwaukee Journal Sentinel reported.
Cyrus, 29, who suffered from mental illness, died in July 2006 after officers allegedly repeatedly fired a stun gun at him as he trespassed at a home construction site, the Journal-Sentinel reported.
Officers were familiar with Cyrus from earlier delusional episodes and had been reported missing. He was unarmed and had no history of violence, the newspaper said.
The death was ruled to be partly due to the multiple shocks. His parents sued, arguing that he had been subjected to excessive force.
"The evidence conflicts, most importantly, on how many times Cyrus was Tasered," said appellate Judge Diane Sykes.