Tyron McAlpin, deaf and disabled man beaten by Phoenix Police officers, files $3.5M claim

PHOENIX - The lawyer for Tyron McAlpin, a deaf and disabled man who was repeatedly hit by Phoenix Police officers, has filed a notice of claim against three officers and the city of Phoenix.

The claim was filed on Nov. 19, three months after the Aug. 19 incident that happened near Indian School Road and 12th Street.

The notice of claim by attorney Jesse M. Showalter, reads, in part, "Phoenix Police Officers Benjamin Harris and Kyle Sue responded to a Phoenix Circle K in response to a call of a white male behaving aggressively and refusing to leave the Circle K. Based on false allegations from the white male who was the subject of the call, Officers Harris and Sue left the Circle K and attacked, beat, and tased Tyron McAlpin, a deaf African American man who has cerebral palsy. After the beating, Harris, Sue, and Phoenix Police Officer Jorge Acosta filed false reports that alleged Tyron had committed aggravated assault and had stolen his own cell phone. As a result of the Phoenix Officers’ false reports, Tyron was incarcerated for 24 days."

McAlpin is seeking $3.5 million. In return, he will settle his claims against the city and its employees.

A previously released statement from interim Phoenix Police Chief Michael Sullivan read, in part, "There are many who are concerned after seeing the video of officers’ interaction with a man they later learned was disabled. I recognize the video is disturbing and raises a lot of questions. I want to assure the community we will get answers to those questions. Shortly after this incident, the Professional Standard Bureau launched an internal investigation into this incident."

Maricopa County Attorney Rachel Mitchell took a look at the case herself and dropped a felony aggravated assault charge against McAlpin. That charge is what forced him to spend weeks in jail.