James A Burk, Jr., et al vs. City of Columbus, et al

Case Background

On December 4, 2020, Plaintiff James A. Burk, Jr. filed a police brutality and civil rights lawsuit in the United States District Court, Ohio Southern (Case number: 2:20cv6256). This case was assigned to Judge James L. Graham and referred to Magistrate Judge Chelsey M. Vascura. Burk alleged that Columbus Police Officers Joseph Fihe and Kevin Winchell used excessive force against him, including tasing and unlawfully detaining him, despite his identification as a federal agent.

Cause

On July 7, 2020, ATF Special Agent James A. Burk, Jr. arrived at a residence in Dublin, Ohio, to retrieve an unlawfully possessed firearm. This was part of a routine National Instant Criminal Background Check System (NICS) retrieval. Burk identified himself, displayed his badge, and provided his credentials. Despite this, the occupant refused to open the door and called 911. The dispatcher informed responding Columbus Police Officers Joseph Fihe and Kevin Winchell that Burk was a federal agent. Upon arrival, Officer Fihe immediately drew his firearm and ordered Burk to the ground. Burk had his hands raised and complied, yet the officer continued to treat him as a threat. Officer Winchell arrived soon after and also drew his weapon. Burk repeatedly stated that he was a federal agent and that his credentials were in his pocket. Instead of verifying his identity, the officers physically restrained him. They drove a knee into his back and twisted his arms to handcuff him. Burk, who had a medical condition, repeatedly told them about his credentials and his difficulty breathing. Despite his compliance, Officer Fihe tased Burk multiple times while he lay on the ground. The officers then forced him into a