Deaf vet sues police
over arrest

A deaf veteran who broke four ribs when he was arrested by police in August has filed a lawsuit against the officer and the Honolulu Police Department.

In a complaint filed Oct. 12 in Circuit Court, Martin Swanson alleges Officer Damon Taylor falsely arrested him, used excessive force and violated his civil rights. Swanson seeks damages to be determined at trial.

Swanson, 54, was to go to trial today in Honolulu District Court on a harassment charge stemming from the Aug. 26 incident at Keeaumoku and Young streets.

According to the suit, Taylor was working special duty at a construction site at the intersection when Swanson, headed toward a Beretania Street bus stop, apparently walked onto a sidewalk that was closed.

Swanson later said he saw the sign, but because he was tired and there was no construction at the time, he decided to walk on the closed sidewalk rather then cross the street.

The officer allegedly approached Swanson and told him several times that the sidewalk was closed, but Swanson, who lost his hearing in an explosion during the Vietnam War, continued walking.

The officer allegedly stepped in front of him and told him the sidewalk was closed, but Swanson pointed to his right ear, indicating he could not hear. When Swanson continued walking toward Beretania Street, the officer again stepped in front of him, the suit said.

When Swanson turned back to cross Keeaumoku at Young Street, the officer blocked his way and held up his fingers in a rectangular shape, which Swanson understood as a request for ID.

But as Swanson reached for his ID, the officer allegedly took him down, causing him serious injuries, the suit said. Swanson incurred medical expenses and lost wages from his job as a U.S. Postal Service mail sorter.

Swanson's attorney Rodney Ching has said police went overboard and the charge against Swanson should have been dismissed earlier.

Prosecutors indicated charges would not have been filed if there wasn't enough evidence.