NC man with CP sues Raleigh police for assault

From NBC 17:

RALEIGH, N.C. - A man named has filed a lawsuit against the Raleigh Police Department and several officers after he claims he was assaulted by an off-duty cop.

Charles Payne, who has cerebral palsy, claims he was assaulted by an off duty cop and bouncer at a pair of bars called The Pourch and The Bassment on Glenwood Avenue on Aug. 8, 2009.

The complaint was filed Feb. 26 in federal court.

In it, Payne claims he entered the lower bar, The Bassment, to find his friend. When he did not find him, Payne exited, planning to go upstairs to The Pourch. Payne says the bouncer told him he had to leave because he'd had too much to drink.

According to the report, Payne explained he has cerebral palsy, but the bouncer then turned to an off-duty officer P.T. Morrison for help. Payne claims he explained the situation again, and tried to go upstairs, when the officer "grabbed the Plaintiff from behind and threw him to the ground."

Payne claims the bouncer and Officer Morrison repeatedly kicked him to gain control of his arms so he could be handcuffed. He also said officers tied his legs together and took him to jail.

Raleigh Police spokesman Jim Sugrue says 36-year-old Officer P.T. Morrison has been with the department since Jan. 3, 2000. He is currently assigned to the special operations division as a senior officer.

NBC17 is contacting Raleigh city attorney for comment.