Daniel Beloungea, who was taking a daily walk in his neighborhood when he experienced a complex partial seizure, which left him in a state of semi-consciousness. Complex partial seizures are associated with repetitive involuntary movements, sometimes for up to 30 minutes, with post-seizure disorientation. Beloungea needs to walk daily as a form of rehabilitation to help restore functioning in his legs; this functioning was impaired following brain surgery to treat his seizures. A person passing by noticed Mr. Beloungea acting erratically and called police to report his behavior. When officers arrived on the scene, they apparently assumed that his failure to respond to their questions and his erratic involuntary movements amounted to resistance, and failed to recognize the obvious signs of a seizure. Furthermore, they failed to inspect the medical alert bracelet he was wearing, which indicates clearly that he has epilepsy.
According to police reports, when Mr. Beloungea was unresponsive to police direction, the bag he was carrying was kicked by police from his hand, and when he flailed his arms involuntarily, he was tasered, sending 50,000 volts of electricity through his body (risking serious injury or death); hit with a police baton; threatened at gunpoint; and handcuffed behind his back. (The handcuffing itself is dangerous for persons experiencing a seizure, as it can lead to further seizure-related agitation and struggling, possibly causing asphyxiation or even cardiac arrest.) He was then prosecuted for assaulting police officers and disorderly conduct, notwithstanding considerable evidence, including the state’s own mental health evaluation, confirming that his actions were involuntary and solely the product of a seizure.