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WEST VALLEY CITY (AP) -- A man who was shot by police during a struggle two years ago has filed a lawsuit against West Valley City.
John Kitchen claims in the lawsuit that excessive force was used in his September 2003 arrest, when he was shot in the shoulder while wrestling with the police officer.
Kitchen pleaded guilty to charges of driving under the influence of alcohol and fleeing a police officer. Other charges, including assault against a peace officer and interfering with a legal arrest, were dropped.
But Kitchen filed a lawsuit in Third District Court alleging his constitutional rights against unreasonable seizure and due process were violated.
Kitchen is asking for at least 750-thousand dollars in damages, plus legal fees.
Information from: Deseret Morning News, http://www.deseretnews.com
(Copyright 2005 by The Associated Press. All Rights Reserved.)