Man alleges excessive force against Federal Way police in lawsuit

Joseph Walling is in pain every day.

Joseph Walling is in pain every day.

And he has been for three years since two Federal Way police officers shot him multiple times in November 2011.

Walling recently filed a federal lawsuit on Nov. 6 against the city of Federal Way and those officers. He is seeking damages for negligence and violation of his civil rights guaranteed by the Fourth and 14th amendments of the Constitution, which include the “unreasonable seizure of his person and the use of excessive force.”

Walling alleges the police officers used excessive force on Nov. 22, 2011.

Walling’s roommate at the time called 911 because Walling and multiple roommates were in an argument and Walling threw things and hit his roommates.

During the 911 call, he ValleyCom dispatch noted there were no weapons or injuries involved and Walling went into his room by himself and was separated from his roommates.

As officers Kris Durell and Joseph Mehline responded to the call at the apartments located in the 31700 block of 50th Lane SW, they checked Walling’s room but there was no answer.

According to the lawsuit, his roommates told police he crawled out of the window but he was unarmed.

“Despite knowing that Mr. Walling was unarmed, unthreatening and suspected of only a minor crime, officer Durell drew his gun as he searched for Mr. Walling,” the lawsuit states.

Walling alleges he saw someone with flashlights and, believing it was one of his roommates who might be coming to hurt him, he ran toward the person yelling.

But that person was Durell with his gun drawn.

Walling said the officer shot at him 14 times, “until his gun was empty.” Officer Mehline followed and shot four times, he alleges.

But police Chief Andy Hwang said that’s not exactly how it happened.

Officers had established probable cause to arrest Walling in the assault of his roommates. While Durell tried to find him after he fled, he observed Walling break into a separate apartment unit, Hwang said. This was when Durell ordered Walling to show his hands.

“Walling did not obey these commands and instead charged at officer Durell in an apparent attack, ignoring further commands to stop,” Hwang said in a statement. “Officer Durell was outsized by Walling and feared Walling could disarm him.”

Hwang said Durell discharged his handgun to defend himself from the deadly threat while Mehline, having observed the struggle between the two, ordered Walling to back away.

“When Walling did not comply with his commands and instead continued to aggress officer Durell, officer Mehline fired shots at Walling to prevent him from assaulting officer Durell,” he said. “The officers’ decision to respond with deadly force to protect the life of an officer was reasonable and necessary.”

Walling was taken to Harborview Medical Center where he received surgery, and inpatient and outpatient treatment for “permanent” damage to his legs, specifically the blood vessels in his legs.

Walling states he suffered from anemia, anxiety and depression from the result of his injuries and was unable to work for months after the shooting.

“He will likely lose additional wages and earning capacity and incur additional medical expenses in the future,” the lawsuit states.

Walling was not charged with a crime.