Olmsted County and an Olmsted County Adult Detention Center correctional officer are being sued by a Burnsville man who alleges he was tased in the head and denied seizure medication during his 10-month incarceration at the jail.
Kaiser Faisal Nur filed a civil lawsuit in U.S. District Court in Minnesota in August 2019 against Elizabeth Sanders, in her individual as well as her official capacity, and Olmsted County. The complaint states that Sanders was employed as a "corrections officer working in the ADC."
The complaints stem from incidents in 2017 and 2018 when Nur was being held at the ADC for a 10-month period awaiting trial for an Olmsted County case. The complaint alleges that in October 2017, Nur was assaulted by another detainee.
“As soon as the assault began, Sanders, without warning, fired a Taser at Nur, deliberately, intentionally, and with malice striking him on the right side of his head where he had previously suffered a serious gunshot wound,” the complaint reads.
As a result, Nur suffered a grand mal seizure and was taken to Mayo Clinic Hospital-Saint Marys. Nur suffers from severe epilepsy and was prescribed medication to be taken three times a day, every day by doctors at the Mayo Clinic. The complaint states that Nur’s epilepsy is a direct result of previously receiving gunshot to the right side of his head.
In its answer, filed on Jan. 6, the county admitted that Sanders fired a Taser at Nur at the time of the incident without warning and that one of the probes struck Nur in the head but denied that it was done “with malice,” according to the answer filed on Jan. 6.
While at the hospital, Nur told a physician that officials at the ADC would not allow him to take any medication.
“To Nur, the physician appeared horrified when told about the medieval practice of the ADC,” the complaint states.
The county’s answer also denies “intentionally, deliberately, and/or maliciously depriving (Nur) of daily medication or otherwise failing to meet his medical needs.”
The lawsuit alleges that by being tased in the head, against the jail’s own policies and procedures, Nur’s 14th Amendment right was violated. The county denied there was conduct on the part of the county or Sanders that constituted a violation of any right recognized under the 14th Amendment.
It is also alleged that Nur’s Eighth Amendment was violated by the jail’s failure to provide adequate medical care. The county denied that there was conduct that constituted cruel and unusual punishment or subjected Nur to “actual harm.”
Nur is asking for “an amount in excess of $75,000 together with his attorney fees, perverdict interest, costs, and disbursements.”
The county requested a jury trial.
Nur is being represented by attorney William L. French. Sanders and the county are being represented by attorney Gregory J. Griffiths.