Former Viking Carl Eller sues Minneapolis police

(AP) - Former Minnesota Vikings great Carl Eller sued the Minneapolis Police Department on Monday, alleging officers violated his civil rights, used excessive force and concealed videotape evidence when they subdued him during an arrest last April.

Eller was arrested after he allegedly drove through a stop sign and narrowly missed hitting a squad car. Officers followed him to his home where they say he became combative.

He was charged with fourth-degree assault and making terroristic threats, which are felonies, and driving while impaired and refusing to take a chemical test for alcohol, which are gross misdemeanors.

The lawsuit, filed in federal court in Minneapolis, alleges that officers used excessive force when they struck Eller on the head three times with a large flashlight, used a choke hold on Eller and shocked him multiple times with two Taser stun guns, even after he had lost consciousness.

The lawsuit alleges that officers "maliciously and/or recklessly" assaulted Eller because he is black, and did so as part of a "tacit agreement or conspiracy" to violate the rights of African-Americans in Minneapolis.

"The actions of Defendants were malicious, unjustified and unreasonable, and so outrageous as to be none endurable in a civilized society," the lawsuit alleges.

Police put the 66-year-old Eller at risk of great bodily harm and did not seek or provide him with medical treatment, the lawsuit also alleges.

All of the squad cars involved in the incident had videotaping equipment and a deputy chief ordered that the tapes be retrieved following Eller's arrest, the lawsuit claims.

But it says the tapes turned over to the defense don't show the incident, and alleges the officers "acted or may have acted separately or in concert, to conceal, divert or destroy potential evidence of the excessive force Plaintiff Eller alleges was used against him."

Eller's lawsuit seeks damages "in excess of $75,000" as well as attorneys fees and costs, as well as possible punitive damages.

A Minneapolis police spokesman did not immediately return a phone call seeking comment Monday. The spokesman, Sgt. Jesse Garcia, told the Star Tribune last Friday that the lawsuit was just a defense tactic to distort the facts of what happened that night.

Eller is scheduled to go on trial on the criminal charges this week in Hennepin County District Court.

Prosecutors have said that if he's convicted, he'll likely face some combination of up to a year in jail and probation.

The defensive end was one of the Vikings' celebrated "Purple People Eaters" in his 15 years with Minnesota from 1964-78. He played in six Pro Bowls and all four of the Vikings' Super Bowl appearances. He finished his career in 1979 with Seattle. He was inducted into the Pro Football Hall of Fame in 2004.

Eller has acknowledged his struggles with substance abuse. He pleaded guilty to driving under the influence in 2006. He became a treatment counselor and has spoken publicly to groups about the problems of chemical dependency.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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