By Lamaur Stancil of TCPalm

VERO BEACH — A man who was arrested and struck with a Taser stun gun by police several years ago has filed a federal lawsuit claiming officers used excessive force.

Miguel Duran of Vero Beach was 53 years old when he was charged with disorderly intoxication and resisting arrest without violence on Dec. 21, 2012. Four months later, a judge acquitted him of the charges.

Vero Beach police said they went to The Grove in the 2100 block of 14th Avenue when the owner complained of an unruly customer he wanted removed from the establishment, according to the arrest affidavit.

Former Vero Beach police officer Charlie Feldman, who is named as a defendant in the lawsuit, said he responded and saw Duran walk from the front of The Grove to the next-door Italian Kitchen. Duran ignored the officer when he arrived and shrugged him off when Feldman grabbed his jacket, according to the police report. Feldman announced Duran was under arrest and tried to handcuff him, the affidavit states. Duran fell and Feldman struck him with the stun gun when he continued resisting the officers, police said.

Duran’s attorney, Matthew Kohen of Miami, said the officer gave no notice to his client before his jacket was pulled over his head and the officer grabbed at him. The lawsuit states there was live music being played at The Grove at the time.

The lawsuit also names Officer Sean Toole, who was the second officer at the scene; Police Chief David Currey; the police department; and the city.

There was no internal affairs review of the incident because Duran did not file a complaint with the city, department spokeswoman Officer Anna Carden said.

The lawsuit, filed July 18, is based on complaints of excessive use of force, deprivation of civil rights, negligence, direct and vicarious negligence and battery.

The state sets a statuary cap of $300,000 on any judgment against the state or government agency. A jury can award more than that amount, but the plaintiffs have to submit a petition known as a claims bill to the Legislature within four years to seek an appropriation to pay the judgment.