Family files lawsuit against University Hospital

CINCINNATI - The family of a man who died after being tased by police while he was a patient at University Hospital has filed a lawsuit.

The family of Kelly Brinson, Sr. filed the lawsuit against University Hospital on Monday.

The family says Brinson admitted himself to University Hospital after suffering a psychotic episode. The family claims that while Brinson was on sedatives he hid behind a bed while seven University of Cincinnati police officers tried to restrain him. During the altercation, the Brinson family claims that Kelly was handcuffed and tased multiple times. Brinson died several days after the incident.

"Psychiatric hospitals recognize that they're going to have patients who are going to behave in aggressive manner from time to time. And calling police with handcuffs and tasers is not the right way to treat a psychiatric patient," said Donald Moore with The Moore Law Firm.

The family claims in the lawsuit that there was excessive force used against Brinson and it violated his constitutional rights. The lawsuit claims excessive force, medical negligence and wrongful death.

University and hospital staff say Brinson became violent.

On February 5, 2010, the Behavioral Health Services Department was put on probation. A report by the Department of Mental Health says law enforcement had used tasers and handcuffs to sedate patients several times in the past two years.