Expert said 'excessive' force was used on elderly man

Expert said 'excessive' force was used on elderly man

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ORLANDO, Fla. (WOFL FOX 35 ORLANDO) -

Dan Daley flashed a smile as he walked out of federal court on Tuesday afternoon.  The 87-year-old World War II veteran claims his civil rights were violated when Orlando Police Officer Travis Lamont used an excessive takedown technique on him, which left him with a broken neck.

"It was an unfortunate incident that occurred, but that stuff happens," Daley said.

Daley is suing over the incident which happened back in 2010, outside the Caboose Bar in Downtown Orlando.    Officer Lamont claimed that Daley was overly aggressive after leaving the bar, adding that he was belligerent and physically threatened him.  Daley denies the allegations and says all the true facts will surface to the top.

"I just hope it turns out fair, that's all," he said.  "I'll be glad to get it over with."

Officer Lamont had no comment as he left court.  Two key witnesses testified during the court proceedings.  A retired police chief, hired to evaluate use of excessive force, said the takedown maneuver was "uncontrolled" and that a more thorough, in-depth investigation should have been conducted by the Orlando Police Department. 

Andrew Scott III, said Lamont should have brought Daley down on his chest and not on his head, which caused the neck injury.   Another witness, criminologist George Kirkham, told the jury that the maneuver was "very extreme and unwarranted."

Daley's legal team called on one eyewitness who testified that Officer Lamont's claims of feeling threatened were unjustified.

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