HAMMOND | A man has sued the city and five Hammond police officers over an altercation that allegedly left him brain damaged.

"The police went way too far," Highland attorney David Gladish said regarding a lawsuit he and fellow attorney Sam Cappas filed Monday in federal court.

Hammond Corporation Counsel Joseph O'Connor declined immediate comment.

"We will review the complaint when we receive it and wish these attorneys well in their newspaper careers," he said.

The complaint is filed against the city of Hammond and police officers Timothy Thomas, Patrick Vicari, Rich Tumidalsky, Phillip Merritt and Jeff Miller.

The lawsuit alleges that in August 2005 Hammond resident John Stancato was working his hot dog stand near the intersection of Rimbach Street and Hohman Avenue when Thomas arrived and questioned the parking of a vehicle near the alley.

The car was owned by the son of Stancato's girlfriend, Kimberly Martin, who co-owns the hot dog stand.

When Stancato protested the ticketing of Martin's son, Thomas stepped out of his police car to arrest Stancato and tripped over an electrical box, pulling Stancato to the ground, the suit alleges.

Vicari, Tumidalsky, Merritt and Miller are accused of using a Taser on Stancato four times and kicking him and striking him in the head. Stancato was arrested on charges of resisting law enforcement and battery on a police officer, according to the lawsuit.

Stancato suffered serious injuries, including permanent brain injury, as a result of the officers' actions, according to the lawsuit.

"The officer attempted to make an arrest while (Stancato) was exercising his First Amendment rights," Gladish said. "People can protest police action."

Gladish said striking Stancato was not accepted police protocol and represents excessive police force.