The sheriff scolded the Orange County Citizens Review Board and disciplined the deputy.

  A motorist on Monday sued Orange County Sheriff Kevin Beary and a deputy who tackled and tased the man shortly after giving him a warning for running a stop sign.

Jonathan Evan received the stop-sign warning as he pulled into his mother-in-law's Pebble Creek subdivision in 2005. The soccer coach went inside, but during a jog a short time later, he spotted deputy Tyrone Harvey and asked him which stop sign he ran. "I just talked to him like I would talk to a neighbor over the fence," Evan said by phone from Jacksonville Monday.But then things went wrong.

 Violating sheriff's guidelines, Harvey asked Evan for his license again,

then detained the physical-education teacher when he refused to comply and walked away, a 2006 internal sheriff's review found.

Harvey then tased and arrested Evan, who is now 33, for resisting an officer without violence.

The Orange County Citizens Review Board, which looks into complaints against law enforcement, ruled later that Harvey not only violated department policy by trying to restrain Evan, but the deputy also used excessive force and language during the incident.

The lawsuit, filed in state Circuit Court in Orange County, claims Harvey and the Sheriff's Office violated his civil rights and lists 11 complaints, from false imprisonment and battery to emotional duress. Evan's wife, Maudeline, who alleges she also was threatened with a Taser by Harvey when she came upon the confrontation, is named as a plaintiff in some complaints.

Beary required Harvey to take retraining and suspended him for 12 hours over the incident. But the internal-affairs investigators didn't find excessive force and Beary sent the Citizens Review Board a letter chastising some of its members for suggesting there was a "cover up" of such behavior.

Personnel files for Harvey, with the force since late 2003, were unavailable late Monday. Capt. Mark Strobridge said the sheriff had not seen the lawsuit to comment.

Evan's attorney, Howard Marks, said Beary's refusal to acknowledge excessive force, despite the citizen-review panel's findings, is troubling. Dozens of other local cases show a law-enforcement pattern of using Tasers as a "weapon of first choice instead of sparingly," he said,

"He had no authority to touch him, let alone to tackle and Taser him," Marks said.

Evan is seeking in excess of $15,000 in damages. Marks said such cases typically can try to recoup up to $100,000 in lost wages, medical and legal costs, and emotional stress.

Original  Article

Yes, that  Resisting with out Violence seems to be a favorite tack on.

Marks said."He had no authority to touch him, let alone to tackle and Taser him,"

and I say  this is one of the hallmarks of a Police Force gone wild and one of the hallmarks of a system that needs an overhaul.