The claim as plead is based on the Civil Rights Act.
The ruling says a jury can consider allegations by Brandon Ellingson’s family that his civil rights were violated when the Clive man was handcuffed and then fell off a patrol boat and drowned in the Lake of the Ozarks two years ago. Trooper Anthony Piercy had arrested Ellingson for boating while intoxicated and was taking him to a patrol office when the 20-year-old Ellingson fell out of the boat and his life jacket came off. Radio Iowa, Car Danielson
About 15 years ago I watched the arrest of a man on Lake of the Ozark's. He was being detained for operating a boat while under the influence and I watched as the man was handcuffed from behind and then a life vest placed over this shoulders. I was appalled at how dangerous it was and told the people with me that one day someone would drown. The drowning and death of Brandon Ellingson didn't surprise me. I'm glad the Ellingson family brought this suit. Because what the Missouri State Highway Patrol was doing with this arrest procedure was grossly negligent and needed to be stopped.
Whoever approved this arrest procedure should be fired.