A man suing a Colorado Springs police officer said the officer used excessive force against him, fracturing several bones and causing one of his lungs to collapse while he experienced a mental health crisis in the summer of 2022, and then tried to cover it up.

Matthew Siron claims in a lawsuit filed in El Paso County District Court that officer Douglas Wolfe “forcibly” dropped Siron to the ground while he was restrained in handcuffs, though Siron “did not present an imminent safety threat” to responding officers or other people.

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Wolfe’s actions fractured three of Siron’s ribs, fractured one of his fingers and caused one of his lungs to collapse, the lawsuit states.

Wolfe denied the allegations, stating in a counterclaim filed Friday that Siron resisted the officer’s efforts to detain him and that Siron kicked Wolfe hard enough in the knee to cause bodily injury.

Siron’s injuries were a result of his own actions or negligence, Wolfe said.

Court documents state Colorado Springs police responded to Siron’s apartment building at 3009 Illinois Ave. around 8:45 p.m., July 18, 2022. Siron’s wife reported her husband had been drinking and was damaging property in their apartment.

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Siron said in his complaint he was mourning the anniversary of his ex-wife’s suicide that day and was “observably suffering an acute mental health crisis.” When Wolfe and fellow officer Levi Braun arrived on scene, Siron complied as the officers placed him in handcuffs and brought him into the hallway outside his apartment.

When Siron later attempted to speak to his wife, who was standing in the doorway to their apartment, Siron claims Wolfe “immediately executed an aggressive takedown, forcefully dropping” Siron onto his back, fracturing several of his bones and causing his lung to collapse.

Siron said Wolfe then placed his hand around Siron’s neck while the man was handcuffed on the ground. A few minutes later, Wolfe “forcefully” grabbed Siron’s neck “before appearing to realize what he was doing and releasing his grip,” Siron said in his lawsuit.

Wolfe denied grabbing Siron’s throat, stating in his counterclaim he was “attempting a pain compliance technique during the incident with Siron.”

A screenshot Denver-based attorney Benjamin DeGolia shared with The Gazette, allegedly taken from Wolfe’s body-worn camera, depicts his client, a shirtless Siron, lying on the ground with his mouth open. Another person’s left hand — belonging to Wolfe, DeGolia said — can be seen grabbing Siron’s throat, while Wolfe’s right hand grips Siron’s upper left arm.

Wolfe said in his countersuit that Siron “resisted Wolfe’s efforts to restrain” him.

While he was detained, Siron “became agitated” and “aggressively attempted to pull away” from Wolfe when he could not return to the apartment, Wolfe said.

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Siron tried to grab Wolfe’s duty belt where his gun was holstered; to prevent this, Wolfe said he grabbed Siron’s left arm and shoulder, leaning his weight into him and causing Siron to fall backward. Both men fell on the ground, Wolfe said.

Moments later, Siron kicked Wolfe in the left knee, the officer’s countersuit said. An MRI conducted after the incident showed a tear in Wolfe’s patellar tendon.

Siron alleges Wolfe and Braun lied about his attempt to grab Wolfe’s gun from its holster, lied about him kicking Wolfe in the knee and “mischaracterized” Wolfe’s takedown of Siron to “try to cover up” Wolfe’s use of excessive force against Siron.

“We are confident an El Paso County jury will see through this clear falsehood and hold Officer Wolfe responsible for his grossly unconstitutional conduct,” DeGolia said in a written statement Monday.

Wolfe also denies allegations he attempted to cover up his actions that day.

The Colorado Springs City Council on Monday informally agreed the city will represent Wolfe in the case, as required by the Colorado Governmental Immunity Act and the Liability of Peace Officers Act.

Wolfe “was acting in the course and scope of his employment, and in good faith during the incident,” City Attorney Ben Bolinger told the council.

Wolfe remains employed by the Colorado Springs Police Department, spokeswoman Caitlin Ford said.

Both the Police Department and the city declined to comment Monday on the pending litigation.

In a memo to the City Council about the case, the City Attorney’s Office said Siron pleaded guilty to second-degree assault on a peace officer, a felony, and received a deferred sentence. Attorneys said Siron also pleaded guilty to criminal mischief, for which he received probation.

Susan Chatterdon, a Colorado Springs-based attorney for Siron, told The Gazette on Monday that Siron withdrew his guilty plea and the charge for second-degree assault was dismissed. Siron has not been convicted of second-degree assault or any charge related to Wolfe, she said.

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Siron pleaded guilty to criminal mischief related to items broken in his apartment before police arrived, and he is on probation for this petty offense, Chatterdon said.

Though the Fourth Judicial District Attorney’s Office did not charge Wolfe for any crime against Siron, “Chief Deputy District Attorney Rachael Powell wrote in a memorandum that Officer Wolfe’s ‘use of force was unreasonable and excessive,'” Siron’s lawsuit said.

Siron seeks compensatory, economic and punitive damages, attorneys’ fees and other costs.

In his countersuit, Wolfe seeks general, special and economic damages, and other costs.

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