Heckling Giants Fans Sue After Cops Tase and Toss Them From Stadium During NFL Game

New York Giants Fans Ejection
A fan fights with police and is detained during the NFL game between the San Francisco 49ers and the New York Giants at Levi's Stadium on November 12, 2017 in Santa Clara, California. Ezra Shaw/Getty Images

*UPDATE: 3:55 p.m. EDT—* A Santa Clara City spokeswoman issued a statement to Newsweek confirming plans to fight the federal lawsuit.

Statement: "We are in the process of reviewing the lawsuit and have no comment at this time. We intend to vigorously defend the City and the Stadium Authority."

They cussed and repeatedly gave their own team the bird before getting the boot.

Brothers Patrick and Kyle Flynn had front-row seats near the end zone but failed to rejoice when their New York Giants squad prevailed over the San Francisco 49ers at Levi's Stadium on November 12, 2017.

That's because the Flynns were yanked from the quality seats in the stadium because of their foul mouths and repeated flipping-off Big Blue players after they gave up touchdown scores.

Now, they are crying foul over a violation of their constitutional rights and accuse arresting officers and stadium personnel of using excessive force against them in a lawsuit filed last week in San Jose (California) federal court.

New York Giants Fans Ejected
A fan fights with police and is detained during the NFL game between the San Francisco 49ers and the New York Giants at Levi's Stadium on November 12, 2017 in Santa Clara, California. Ezra Shaw/Getty Images

The Flynns and a woman named Lauren Alcarez accused the police officers and their departments for poor training for relying on a baton and a stun gun's electrical force to restrain them during the second half of the game in which their team ultimately won.

Newsweek's attempts to reach a spokesperson for the city of Santa Clara was unsuccessful. The filing was first reported by The San Jose Mercury News.

The melee occurred in sections 120 and 121, where the brothers and Alcarez started to express dissatisfaction with their team's performance. The Flynns also allegedly began flipping off Giants players and belting "you f***ing suck."

A Santa Clara Police Officer warned the brothers "to quit flipping off the players and sit down," according to the lawsuit.

They allegedly "acknowledged and complied" with the officer's request.

But their emotions got away from them again after their team allowed the 49ers to score again.

The dismayed brothers then "approached the railing separating the stands from the field, and again flipped off Giants players while screaming 'You f***ing suck,'" the complaint stated.

But the Flynns claimed they were never told that continuing to badger players with their middle fingers and F-bombs "would lead to ejection or arrest."

And the lawsuit alleged that "it was not, and is not, a crime to stand up, flip off the players on the field (i.e., "flip the bird" or extend one's middle finger outward), and yell 'You f****ing suck!'"

Apparently, Levi's Stadium's security apparatus on that day saw it differently.

The same police who told them to stop the cursing also radioed for backup to eject the Giants' agitators, according to the lawsuit.

Kyle Flynn remained seated, contending in the lawsuit that he "did not believe he had done anything wrong," even as multiple officers came over to where he was sitting.

The officers allegedly moved in to physically remove Kyle from his seat and put him in a choke hold before handcuffing him on the ground, the lawsuit alleged..

When Kyle allegedly asked officers, "Why am I here?" the complaint noted that he was reprimanded and told to "shut [his] f***ing mouth," to "be quiet" and to "know your place."

His brother, Patrick, became incensed.

The papers say he proceeded to protest the "officer's brutality" by shouting and pointing at them.

He then descended the steps back toward his end-zone seat and allegedly took a knee in the aisle in protest.

According to the lawsuit, multiple officers decided then and there that Patrick "needed to go."

While Patrick was allegedly frozen in his kneeling position at the railing, the suit accused the officers of grabbing and pulling at him.

That's when the Patrick alleged one of the officers put him in chokehold and caused his face to turn red.

Patrick tried to wrest free to avoid being choked and clenched the railing.

He claimed in the court filing that a special events officer wielded a collapsible baton and whacked the fingers and knuckles of Patrick's left hand that he claimed had been previously fractured in an unrelated incident.

As Patrick was allegedly being struck with a baton as his purportedly broken hand clenched the railing, Lauren Alcarez, the complaint noted, told the officer to "leave him alone" and to "stop hitting him!"

She then decided to physically stop the cop and "grabbed the baton," according to court documents.

While the officer apparently was able to wrest it away from Alcarez, she countered that the officer retaliated and "elbowed" her in the chest and shoulder, "driving her backward," according to the complaint.

Alcarez was quickly handcuffed.

Before she was removed from the stands, according to the complaint, Patrick's tussle with the police officers escalated to the point, the court filing suggests, where he was "pushed over the railing and onto the field" 10-feet below.

Once there, Patrick said he was struck "two or three times" to the body

Multiple officers worked to pin Patrick down and get him into handcuffs.

With an estimated "four or five officers" wedged against him and the turf, the complaint alleges that they used a stun gun to subdue him and then a sergeant allegedly kneed him in the face before he was hauled off.

He joined his brother, Kyle, and Alcarez at a temporary holding facility located underneath the football stadium, according to the complaint.

While he was being held there, and "not threatening or committing any force or violence against any officers," Kyle alleged he was "put in a control hold used for combative prisoners and laid prone on the ground with his legs crossed" and left by a wall for 30 to 40 minutes, was put in a restraint known as a "WRAP" which "immobilizes the legs and upper torso," the court document stated.

It also alleged that Kyle's face "was also wrapped."

Notably, on December 10 of this year, Kyle's charges were chucked by the Santa Clara District Attorney's office "in the interests of justice for insufficiency of evidence," the complaint details.

The three fans contended that they were the victims whose constitutional rights to freely (and even vainly) chastise their team and take a knee to rail against police brutality were squandered.

"Patrick Flynn's and Kyle Flynn's comments and gestures directed toward the New York Giants players, as well as Patrick Flynn's decision to "take a knee" were protected First Amendment expression," the complaint stated.

The Flynns and Alcarez suggest in their suit that their actions were "protected First Amendment rights" and merely "angered" the officers to cause "retaliation for, and as punishment for, the [sic] exercise of their protected free speech rights, and to deter them from asserting their First Amendment rights in the future."

They also accused the officers' of committing "excessive force" as well as "assault and battery" when they were detained and held.

What's more, they blame the forces from Santa Clara, Gilroy and Mountain View for failing to "adequately to train, supervise, and discipline" them "regarding the use of reasonable methods to detain and arrest individuals" during a football match.

And, according to the complaint, each believes they "suffered physical and mental pain, shock, and distress" caused by the officers' actions.

After letters giving notice of the Giants' fans claims — and both the cities of Mountain View and Gilroy sent letters "rejecting" them.

Santa Clara initially "rejected" a May 11 claim by the three fans, claiming that 45 days elapsed before they formally filed. A subsequent confirmation of the fans' intent to sue was confirmed to be received, and the complaint notes that the city has stated that they had retained counsel to defend against it.

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