A Chaffee County man is suing multiple law enforcement agencies over excessive force after members of a specialized police team used a “flash-bang” device near his head during the man’s arrest last September, giving him a concussion.   

According to the lawsuit filed in Chaffee County District Court 30-year-old Ellis Athanas was arrested on a day-old misdemeanor warrant by the Chaffee County Combined Tactical Team in a SWAT-style traffic stop. 

Video courtesy of the Denver Post.

The lawsuit says although Athanas had very limited criminal history—one prior conviction for marijuana possession and one pending criminal charge of false reporting—officers decided he was a “high risk.” The open warrant was for misdemeanor charges of child abuse and menacing, which were later dismissed for lack of evidence.   

The tactical team tracked Athanas when he went to a gym on September 8th, then followed him as he drove home before conducting a “military-style” traffic stop, the lawsuit alleges. Police body camera footage of the stop shows Athanas was ordered to “put his hands on his face.” Athanas put his hands out the window, but an officer detonated a flash-bang device just outside the driver’s side window.   

Athanas was then arrested, but later became nauseous, developed a severe headache and collapsed on the way to jail, according to the lawsuit. He was diagnosed with a concussion.   

The charges that led to Athanas” arrest were dropped after a judge found insufficient evidence supporting the allegations.   

The task force is made up of officers from the Buena Vista Police Department, Salida Police Department and the Chaffee County Sheriff’s Office.   

The lawsuit names those three law enforcement agencies as defendants, as well as 14 individual officers.   

The Denver Post reached out to the Chaffee County Sheriff’s department and the Salida Police Department for comment.  A spokesman for the Buena Vista Police Department declined comment.