WESTMINSTER, Colo. (CBS4)– Clayton Shriver, 79, who says he suffers from medical and emotional health issues has filed an excessive-force lawsuit alleging that a Westminster police officer threw him to the ground and used a stun gun on him causing severe pain and bleeding in 2020.

Shriver filed the lawsuit last week in federal court over his arrest in Westminster on May 15, 2020 after he didn’t leave part of a McDonald’s in a Walmart that had been closed to seating. He says he was experiencing a “mental health episode and/or medical crisis.”

Shriver said he was waiting for his partner inside the Walmart to finish shopping while he waited inside the McDonald’s, which is located on the inside of the north entrance of the Walmart.

The McDonald’s staff told Shriver that he needed to purchase something or leave the store. Shriver said he is hard of hearing and suffers from cognitive impairments due to his prior head trauma and was unable to make out what was being said to him. He said he tried telling the staff that he needed help and that’s when police were called.

When he was approached by the officer, Shriver said he tried to walk away but instead was thrown to the ground, handcuffed and tased. Shriver was 78 years old at the time.

A second officer is accused of not intervening. The department denies the officers used excessive force.