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The family of a man who died after a stun gun incident at the Washington Court House is suing the department

The family of a man who died after a Washington Court House police officer shot him with a stun gun filed a federal lawsuit against the department and the officer.

The lawsuit, filed Monday in U.S. District Court for the Southern District of Ohio, says 35-year-old Timothy West died after the Oct. 1, 2023 incident.

West was a passenger in a vehicle traveling along the 400 block of Gregg Street in the Fayette County town around 6 p.m. when Officer Trevor Phillips attempted to stop it for traffic violations, the lawsuit says.

West ran from the car after it stopped, prompting Phillips to chase him and unplug his stun gun, the lawsuit says.

West ran toward a home that had a fenced-in back patio, leaving him no escape route. He turned and ran back to Phillips, who was just turning the corner.

Phillips used his stun gun on West without any verbal warning, striking West in the head with at least one of the stun gun's barbs, the lawsuit says.

West fell to the ground unconscious and stopped breathing, the lawsuit says. Several minutes passed before Phillips or other officers who responded to the scene provided medical assistance. The lawsuit says Phillips did not check for a pulse or begin chest compressions, the lawsuit says.

More: Man who was tasered by Washington courthouse police has died. BCI determined.

West's family alleges that Phillips used excessive force by using the stun gun and violated West's rights by failing to provide medical attention.

Phillips has been a Washington Court House police officer since 2020 and has not worked at any other agency in Ohio, according to state records.

Washington Court House police had asked the Ohio Bureau of Criminal Investigation to review the incident. An investigation determined that Phillips acted within his policy, and the Fayette County District Attorney's Office declined to file charges against Phillips.

The Washington Court House has not responded to the lawsuit.

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This article originally appeared on The Columbus Dispatch: Man's family sues Washington courthouse police after fatal Taser attack