CINCINNATI -- A Cleveland man can move forward with his excessive-force lawsuit against a Cleveland police officer who used a stun gun on him while he was shirtless, unarmed and kneeling with his arms in the air.
A Wednesday ruling from the 6th U.S. Circuit Court of Appeals in Cincinnati turned down retired Officer James Simone's request to have the lawsuit thrown out.
Simone, who's been dubbed "Super Cop" retired after more than 35 years as a police officer. He has killed five people in the line of duty and shot at 11 more.
He has been shot twice, stabbed, and hit by several cars.
Simone had argued that using a Taser stun gun on Rafael Correa was appropriate, saying he was responding to a report of an armed suspect on May 15, 2010, and didn't know if Correa had a gun.
Correa sued five months after being stunned for excessive force, false arrest and battery.
He's seeking a minimum of $75,000 in damages. Simone's attorney did not immediately respond to a message seeking comment.