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A Colorado Springs police officer is the lone remaining defendant in a civil lawsuit alleging excessive force against the son of a current congressional candidate after a federal judge dismissed the city and three other law enforcement officers from the litigation.

Carl Andersen Jr. may proceed to trial with his claim against Officer Vito DelCore, stemming from an April 2019 encounter in the hospital room of Andersen's daughter. Police were trying to retrieve a cell phone from Andersen for fear that evidence would be deleted, but Andersen resisted. Eventually, DelCore tased Andersen, after which the multiple officers present in the room forced Andersen into handcuffs.

Last week, U.S. District Court Senior Judge R. Brooke Jackson deemed the officers' actions reasonable under the circumstances, with the exception of DelCore's decision to deploy his taser.

"Taking the evidence in the light most favorable to plaintiff, it seems that Officer DelCore encircled plaintiff, taser drawn, in order to initiate a physical altercation," Jackson wrote in a March 29 order. "The totality of the circumstances would allow a reasonable jury to conclude that Officer DelCores actions violated plaintiffs Fourth Amendment right to be free from excessive force."

David Lane, the attorney for Andersen, said he is "glad that the most culpable defendant who tased Mr. Andersen is still in the case, but disappointed that the aiders and abettors were dismissed."

Andersen is the son of Republican Carl Andersen Sr., who is running to represent the 7th Congressional District. Andersen, who was present during his son's encounter with police, told Colorado Politics in an email that the public should watch the body-worn camera footage and read the court documents to "get a feel for the case as it continues to play out in the legalsystem."

As outlined in the lawsuit, Carl Andersen Jr.'s fianceaccidentally hit Andersen's 19-month-old daughter while backing out of the driveway. The family immediately drove to the hospital in Woodland Park, but the girl needed transport to UCHealth Memorial Central Hospital in Colorado Springs.

While there, Andersen and hisfiance reportedly blocked forensic nurses from examining the child or taking photographs of her injuries. One nurse said in her experience, it raised "major red flags" when families were unwilling to provide information about a child's injuries.

"The overall situation was was very hostile. And the fact that they told me I better leave because tensions are rising tells me if I dont walk out of that room right now, that they are going to physically force me out of that room," the nurse said in her deposition.

The nurses called Colorado Springs police, who in turn requested personnelfrom Teller County, where the accident occurred. Detective Anthony Matarazzo arrived from the Teller County Sheriff's Office and informed the Colorado Springs officers that Andersen's fiance was allegedly sending text messages to others describing the automobile accident.

Matarazzo felt the cell phone contained evidence needed for the investigation, but he reportedly was unable to get the family to cooperate.

Out of concern that someone would delete the text messages if the phone were left in the family's hands, the Colorado Springs officers entered the hospital room. In addition to Matarazzo and DelCore, Officer Todd Eckert and Sgt. Carlos Sandoval were also present.

It was DelCore who spotted the cell phone in Andersen's pocket and attempted to grab it.

"Excuse me, you do not grab anything from my pockets," Andersen responded. DelCore said Andersen was "gonna hit the ground real hard."

Eckert stepped in to talk with Andersen, but at one point DelCore pulled out his taser. Andersen asked, "You're gonna tase me because I'm not gonna give you my (fiance's) cell phone?"

After more discussion, Andersen claimed that his father was talking with the Teller County sheriff. Carl Andersen Sr. was standing nearby and there was a brief period of silence while he spoke on the phone.

When the officers again pushed Carl Andersen Jr. to cooperate, DelCore moved to the back of Andersen and said, "Im going to go behind you because I dont want anybody behind you getting hurt."

Rapidly, DelCore grabbed Andersen's arm and said, "I will tase you" and ordered Andersen out of the room. DelCore then tased him in the back. A struggle ensued and the officers forced Andersen to the ground. DelCore tased him a second time.

Carl Andersen Sr. interjected, saying, "You guys are out of control." DelCore threatened to tase him as well.

Prosecutors eventually dismissed the charges of obstruction and resisting arrest against Carl Andersen Jr.

In August of last year, Jackson dismissed several of the claims Andersen leveledagainst the City of Colorado Springs, includingunlawful search and seizure, excessive force, malicious prosecution and First Amendment retaliation.

Subsequently, the defendants all asked Jackson to enter judgment in their favor in the case. Lawyers for the officers argued that while the Fourth Amendment generally requires a warrant for police to conduct a search, there is an "exigent circumstances exception" if there is a compelling need to avoid the destruction of evidence.

Along with the forensic nurses' account that Andersen and his fiance were refusing to provide information about the child's injuries, "it was reasonable to conclude that the evidence on the cell phone was important evidence and that the family did not want it to be discovered," the officers' motion read.

Jackson granted the officers qualified immunity, which shields government employees from civil liability unless they violate a person's clearly-established legal rights. In principle, qualified immunity seeks to protect officers when they act reasonably. Jackson decided it was reasonable for the defendants to suspect Andersen was obstructing their investigation through his refusal to offer information about the vehicle accident.

The judge further agreed it was reasonable for the officers to suspect someone would delete the text messages before they could obtain a warrant to search it, justifying a seizure under the exigent circumstances exception.

Jackson felt somewhat differently about the officers' use of force against Andersen. For Matarazzo, Eckert and Sandoval, their physical restraint of Andersen came at a time when he "potentially posed a threat to officer safety" and were therefore justified in their response.

But for DelCore, who prompted the physical encounter with Andersen, Jackson did not find that qualified immunity shielded his actions from scrutiny by a jury.

"As the other officers began discussing the situation with plaintiff and requesting cooperation, Officer DelCore threatened to make plaintiff 'hit the ground real hard.' Officer DelCore once again interrupted the civil conversation with a threat of violence by pulling out his taser," Jackson narrated, adding that DelCore also circled behind Andersen just before tasing him.

"Plaintiff barely had time to process, let alone respond to, Officer DelCores ostensible reason for circling behind him when Officer DelCore grabbed and twisted plaintiff's arm, said 'I will tase you right now,' and began shouting at plaintiff to get out of the room," Jackson wrote.

Andersen told Task & Purpose, an outlet oriented to military members and veterans, that the officers appeared to be looking for a fight and had reportedly disregarded his request to obtain a warrant for the cell phone.

"If (Matarazzo) had come in and introduced himself and said: Im a Teller County detective; I need to check your phones; we want to make sure there is no evidence of child abuse; thats a whole different story when you treat someone with respect, Andersen said in April of last year. And that man did not treat anybody, including my fiance, with respect.

A jury trial was initially set to begin on April 25, but Jackson agreed to postpone the proceedings due to DelCore, a staff sergeant in the U.S. Air Force Reserves, being deployed for active duty through the end of April.

The case is Andersen v. City of Colorado Springs et al.

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Judge allows lawsuit to proceed against Colorado Springs officer who tased son of congressional candidate - coloradopolitics.com