Posted 2 years ago

By Corey Sorenson

Bayard logo -1OMAHA, Neb. (AP) – A federal judge has dismissed a lawsuit against the city of Bayard and its police chief over the death of a handcuffed man four years ago.  The widow of 31-year-old Daniel Driscoll sued in 2011, saying her husband was subjected to false arrest, excessive police force and deprivation of his due process rights.

An autopsy showed Driscoll died of a heart attack after being arrested in 2009 on suspicion of disturbing the peace.   The lawsuit argued that the heart attack was the result of Driscoll having his hands cuffed behind him by Chief Zakary Douglass despite the chief being told that Driscoll had a phobia of having his hands behind his back.

U.S. District Judge John Gerrard this week granted the city’s motion for summary judgment, saying that while Driscoll’s death was tragic, no evidence was presented that showed Driscoll’s constitutional rights had been violated.