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Lawsuit stands in Taser-related death of unarmed, mentally ill Ohio man

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CINCINNATI - A federal judge has refused to throw out a civil rights lawsuit in the case of an unarmed, mentally ill Ohio man who died during a confrontation with police.

Thirty-nine-year-old Doug Boucher died Dec. 13, 2009, after two officers in the Cincinnati suburb of Mason shocked him with a Taser stun gun seven times, kicked and repeatedly hit him with a baton -- all mostly after he had fallen face-first onto cement and stopped moving.

In his Friday ruling, federal Judge S. Arthur Spiegel turned down the city of Mason's request to have the allegations against them and the officers dropped.

Spiegel says a reasonable juror could conclude that the officers used "gratuitous violence."

An attorney representing Mason and the officers did not immediately respond to a message seeking comment.

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