Apr. 24—The city of Colorado Springs will represent two police officers in a federal civil lawsuit after a man claims the officers used excessive force against him for exercising his First Amendment rights in April 2021.

The City Council agreed informally on Monday to represent Colorado Springs police Sgt. Christine Somersalmi and Officer Eddie Nassar in the lawsuit filed March 1 as required by the Colorado Governmental Immunity Act and the Peace Officer's Liability Act. The city is also named as a co-defendant in the case.

Both officers acted "in the course and scope of their employment and not in a willful and wanton manner," an April 12 memorandum from the City Attorney's Office to the City Council states.

The plaintiffs, Michael Sexton and Jazzmen Lueders, said in their original complaint they were "subjected to excessive force" by Somersalmi and Nassar for recording and criticizing the officers in the early morning hours of April 2, 2021.

Sexton claims in the lawsuit he suffered a fractured right upper arm after Somersalmi and Nassar "grabbed (him) by both arms" and "slammed (him) to the ground" during the confrontation.

Court documents show Sexton filed an amended complaint Thursday that removes Lueders as a named plaintiff in the case and dismisses her claims. Sexton remains a named plaintiff.

City attorneys said in their April 12 memo Somersalmi and Nassar arrived after 1:30 a.m. on April 2, 2021, at the Natural Grocers store downtown at 1604 S. Nevada Ave. after a private security guard for the grocer requested assistance "removing trespassers on the property."

According to the memo, the security guard reported there was a "hostile couple" parked in a van in the dirt lot behind the store who refused to leave.

The original lawsuit filed March 1 stated there was no signage indicating the lot was private, that the public could not enter, that parking was not allowed in the lot nor that camping at the site was prohibited.

The city attorney's memo said Somersalmi approached the van and ordered its occupants to come out. She conversed with Sexton through the window and informed him he was trespassing on private property. After Sexton told her she would "have to threaten him with arrest to get him to move," Somersalmi told Sexton if he did not leave he would be arrested, according to the memo.

Sexton claimed in court documents Somersalmi immediately recognized him from previous interactions they had. The lawsuit claims Somersalmi knew Sexton often filmed police activity and criticized law enforcement, which "influenced" her actions on April 2, 2021.

"Ultimately, defendant Somersalmi used grossly excessive force against Mr. Sexton and Ms. Lueders because Mr. Sexton was a known protestor of police activity who often filmed the police," the original complaint states.

The city's memo states Somersalmi repeatedly ordered Sexton to exit the van, telling him he would be arrested for obstruction and trespassing if he did not comply. When he exited the vehicle, he "swiftly approached" Somersalmi while filming her with his phone. When Somersalmi reached for Sexton's wrist to put him in handcuffs, he "immediately began screaming at her and backing away," according to the memo.

Somersalmi and Nassar eventually "pulled Sexton to the ground, where Sexton continued to resist," but the officers were able to handcuff Sexton, the memo states.

During the interaction Lueders had also exited the van and was screaming, cursing and filming the incident, city officials said. The memo said after Lueders did not comply with police orders to stay back or to put her arms behind her so she could be handcuffed, Somersalmi and Nassar took her to the ground and handcuffed her.

In their original lawsuit, Sexton and Lueders claimed Somersalmi was the one who "(escalated) the situation" after Sexton "questioned her authority to even speak with him as there were no trespassing signs."

Throughout the interaction, court documents state, Sexton repeatedly told Somersalmi and Nassar he and Lueders had done nothing wrong. After Somersalmi threatened to arrest him for obstruction, Sexton said he came out of the van and asked Somersalmi to back away, but Somersalmi and Nassar grabbed him and "slammed" him to the ground, fracturing his right humerus bone.

Sexton claimed after he was detained, Somersalmi then "went after" Lueders, pulling her hair, grabbing her right arm and pushing her face against the van, leaving Lueders "bruised and scarred."

Sexton and Lueders were in handcuffs for 45 minutes before they were released, according to the original complaint, then "left alone on the very property they had just been arrested and brutalized for being on."

"It was clear that their presence on the property did not justify the use of force against them, and that defendants used grossly excessive force against them simply because they questioned defendants and criticized their actions," the original complaint states.

According to the city memo, officers charged Sexton and Lueders with third-degree criminal trespass, obstruction of a peace officer and resisting arrest. The officers served them summonses and released them at the scene, the memo states.

According to the lawsuit, the district attorney later dismissed the charges against Sexton and Lueders for resisting and obstruction.

Colorado Springs Police Department spokeswoman Lt. Pamela Castro said in an email Friday the agency does not comment on litigation.

Somersalmi and Nassar are still employed by the Police Department, she said.