COLORADO SPRINGS — Vito Delcore, a Colorado Springs Police Department (CSPD) Officer, was found by a court of appeals not to be personally liable for a tasing incident at Memorial Hospital in 2019.
This follows a lawsuit filed by Carl Andersen against Teller County, Colorado Springs, Delcore, Todd Eckert, Carlos Sandoval, and Anthony Matarazzo.
A lower court previously ruled that Delcore used excessive force when the officers involved were trying to confiscate Andersen's fiancé's phone without a warrant. Delcore, due to the findings of the use of excessive force, could be sued by Andersen in civil court.
A Colorado court of appeals recently ruled, however, that Delcore did not use excessive force therefore qualified immunity protects him from being sued, reversing the original decision by the lower court.
The initial incident took place in April of 2019 after Andersen's fiancé hit their 19-month-old daughter while backing out of the driveway. The injured toddler had been airlifted to Memorial Hospital for treatment.
Teller County and Colorado Springs law enforcement officers, who claimed to suspect there was evidence of a crime on Andersen’s fiancé's phone, confronted the family.
Officers entered the hospital room and attempted to unlawfully seize the phone from Andersen. He refused to provide the phone. Officers then grabbed him by his wrists, threw him on the ground, and tased him twice.
Andersen was arrested, questioned, and charged with resisting arrest and obstructing a peace officer. Both charges were dropped.
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