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COLORADO SPRINGS, Colo.—A former policeman repeatedly hit a suspect with a heavy metal flashlight as punishment, according to a lawsuit filed Monday by the American Civil Liberties Union of Colorado.

The lawsuit naming then Officer K.D. Hardy “in his individual capacity” and not the Colorado Springs Police Department seeks unspecified damages.

Delvikio Faulkner of Colorado Springs was hospitalized and required eight staples to close the gash in his head following the July 2, 2005, traffic stop by Hardy. He was a passenger in a car stopped by Hardy and officer Jackson Andrews, who was not named in the suit.

“Defendant Hardy repeatedly struck Mr. Faulkner in the head with the flashlight, not because Mr. Faulkner had any actual chance of escape nor because he posed any threat to defendant Hardy or Officer (Jackson) Andrews,” the lawsuit states. “But simply in order to punish Mr. Faulkner.”

City attorneys told a judge that Hardy was fired last year after an Internal Affairs investigation into a different matter.

Police spokesman Lt. Skip Arms declined comment citing pending legislation.

Police have said Faulkner had given officers a false name and made a sudden movement as if to run.

Hardy said he hit Faulkner several times as he was trying to pull away. Andrews said Hardy continued to strike Faulkner even after he stopped trying to flee.

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