YAKIMA, WA - A tort claim has been filed against the City of Yakima. The claim was filled by Trenton Whitefoot, the teenager who was pepper sprayed and kicked by a Yakima Police officer at the Central Washington State Fair last September.
Whitefoot claims he was attacked by a street gang and when police arrived they made things even worse.
"A documented misconduct by an officer that was completely overlooked and there was an effort to white wash and push it under the rug and say this was appropriate conduct. It was not appropriate conduct, it will never be appropriate conduct and we will take it to the citizens of Yakima," said William Pickett, lawyer.
Shortly after the video came out, the Yakima County prosecutor released a letter clearing the officer of any charges.
It states, "I hereby find that YPD Officer Cole reasonably believed he had to utilize this push kick to control Whitefoot to preserve his and others' safety."
Pickett says an unbiased opinion was not made.
"When you ask the government to investigate itself, here's what people know... it's never going to be a fully transparent, complete investigation, it's not because there is a built-in bias in the system," said Pickett.
The City of Yakima has 60 days to reply this tort claim or they could face a lawsuit. Trenton is asking for $100,000 in damages from his injuries.