MOORHEAD, Minn. (AP) — A federal judge say a lawsuit can proceed against a Moorhead police officer accused of using excessive force when he used a Taser on a 75-year-old man.

Officers went to the home of James Van Raden for a welfare check in 2013. In his ruling, U.S. District Judge Donovan Frank says Van Raden was “obviously in a mentally fragile state” when he refused to leave his home and Officer Steven Larsen used the stun gun on him.

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Frank ruled a reasonable juror could conclude Larsen’s use of the Taser was unreasonable. Claims against two other Moorhead officers and allegations of false arrest were dismissed.

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Larsen’s attorney believes jurors will agree with the defense that Van Raden kicked at the officers, which would make use of the Taser reasonable.

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