Vietnamese student whose violent arrest was captured on videotape sues San Jose, Calif. police

Student accuses Calif. police of excessive force

SAN JOSE, Calif. — A Vietnamese university student whose violent arrest was captured on videotape has filed a lawsuit accusing San Jose police of using excessive force.

Phuong Ho says police had no reason to use a stun gun and hit him with a baton more than a dozen times during his Sept. 3 arrest on suspicion of brandishing a deadly weapon and resisting arrest. Ho, a student at California State University, San Jose, was unarmed.

Prosecutors have declined to file charges against the officers, saying they used force to get Ho to comply with their orders. The charges against the 21-year-old Ho have also been dropped.

The lawsuit, filed in federal court in San Jose, seeks $6 million in damages. City and police officials declined to comment.

Information from: San Jose Mercury News, www.sjmercury.com