MIAMI - The family of Israel Hernandez-Llach, the 18-year-old who died after he was tasered by a Miami Beach police officer, filed a wrongful death complaint against the police department Tuesday.
A Miami Beach police officer tasered Hernandez-Llach after he ran from officers when they found him tagging a building at 71st Street and Collins Avenue on August 6, according to a police report. He later died. An autopsy is pending.
Read: Wrongful death complaint
"Those responsible for Israel's death will be held accountable," said attorney Todd McPharlin. "Let's not forget -- a Taser is a weapon."
The complaint alleges the Miami Beach Police Department deprived Hernandez-Llach of his rights under the 4th and 14th Amendments. It claims officers were high-fiving each other after they caught Hernandez-Llach.
"Upon information and belief, the Miami Beach Police Department officers had no reasonable basis to believe that Israel Hernandez-Llach posed a threat to the public or the officers and nevertheless pursued Israel Hernandez-Llach with multiple officers, and used unnecessary, aggressive, excessive and unconstitutional force, including the use of a weapon known as an ECD or 'Taser' to apprehend the teenager who was suspected of either being involved in, or knowledgeable of, an act of graffiti on a vacant portion of a building, mostly likely a second-degree misdemeanor," says the complaint.
According to the Miami Beach Police Department, its use-of-force policy is "that the use of force, both deadly and non-deadly, is justified when officers reasonably believe it to be necessary to affect an arrest or to defend themselves or another from bodily harm."
"A policy that permits or accepts the use of force and such under these circumstances is not okay and must change," said McPharlin.
"We want justice and support," added Offir Hernandez-Llach, Israel's sister. "Please keep the support and give the attention that this case deserves."
The complaint asked for $15,000 and that a jury trial be held.
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