Veteran suffering from PTSD to sue Gilbert Police for alleged excessive use of force

PHOENIX — A Phoenix-area veteran with post-traumatic stress disorder plans to sue the Gilbert Police Department for alleged excessive use of force.

Attorneys for Kyle Cardenas filed a $20 million notice of claim against the Town of Gilbert regarding an incident that took place on Sept. 12, 2015.

According to the document, Cardenas was suffering from PTSD-induced delusions while staying at his parent’s house. His mother called the VA Crisis Hotline and requested a crisis team be sent to the home. Gilbert Police officers were sent instead.

The notice of claim further alleges that officers used excessive force after Cardenas would not cooperate because he was having a psychotic episode.

“The police charged into this bedroom as well and attempted to restrain Kyle again. During the melee, the officers Tased Kyle at least seven times, sprayed OC spray directly into Kyle’s face, struck Kyle multiple times with their batons, punched Kyle in the face with closed fists, kicked and kneed Kyle in the thighs and legs, and ordered one of the K-9 unit dogs to attack and bite Kyle,” read the notice.

Attorneys also claim in the document that Cardenas was Tased later on in the evening while he was strapped to a gurney at a local hospital. His heart stopped but doctors were able to revive him.

“Fortunately for Kyle and his family, the emergency department personnel were able to revive him, but not before he suffered permanent and debilitating physical and emotional injuries,” the notice of claim said.

A spokesperson for the Gilbert police department responded to an interview request confirming there is an ongoing administrative investigation into the incident as well as the notice of claim but would not comment further.

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