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DEL CITY, Okla. - A federal lawsuit alleges excessive force by a Del City police officer and claims reports in an incident report are false.

The incident happened last summer, however the lawsuit was filed earlier this year.

Then 64-year-old Royce Estep was watching over a neighbor's home while the neighbor was away. In a police report, neighbors were having a party across the street and Estep noticed one of their cars in the driveway. That's when Estep called police.

The responding officer said Estep yelled profanity at the neighbors and then at him.

In a witness' video, you can see the officer moving backward with his taser drawn. When Estep doesn't stop, he tases him.

The police report said Estep was "charging" toward the officer and “raising his cane”, which Estep's attorney said is false.

“Mr. Estep is an elderly gentleman who can just barely walk, and I think there was a lot different force than can be used with Mr. Estep,” said Chris Hammons, attorney for the plaintiff, Estep.

Estep suffered cuts to his elbows and injuries to his stomach where the taser hit. His attorney also said Estep had to have surgery on his left hip and shoulder.

"He was an old man that maybe was ranting and raving a little too much. Just walk away,” Hammons said.

A lawsuit alleges excessive force in this case and said his client wants the Del City Police Department held accountable.

“This is a very important case for this community because Mr. Estep, I believe, represents a class of people that are the most vulnerable in our community,” Hammons said.

Most vulnerable, he said, because Estep is physically and mentally disabled and has gotten worse since being tased a year ago.

"Mr. Estep, due to this, his mental stability has also been affected greatly, and I think that's something they need to take into account,” Hammons said.

Estep was initially cited for obstructing an officer, however his attorney told us that charge was dropped.

We talked to the Del City Police Department who referred us to the city.

We contacted the city manager and attorney. We're still waiting to hear back.

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