Al Hixon is suing the city of Golden Valley, MN, and two of its police officers stating that his civil rights were violated by excessive force, battery and assault. Expert witness and former Minneapolis Police Chief Tony Bouza testified Monday in U.S. District Court that “The force used in this case was excessive, unnecessary, and constituted police brutality.” The police procedures expert witness spent an hour on the witness stand answering questions about the use of pepper spray. When asked by Hixon’s attorney Anthony Edwards, “Is it ever acceptable to spray a compliant subject?” “Never,” Bouza replied. StarTribune.com also reports:
Under questioning from defense attorney Jon Iverson, Bouza said he had no problems with officers using pepper spray to overcome resistance. But he insisted that it be ‘active resistance’ rather than ‘passive resistance.’ And he classified Hixon’s actions during the incident as passive resistance.