The province’s Special Investigations Unit has cleared Hamilton police of breaking a man’s jaw during an arrest in Hess Village earlier this year.

Police were called to a disturbance outside a Hess Street pub on Sept. 6 where they found a 20-year-old man drinking beer in the street. When he refused to pour it out, officers took it away and tried to issue him a summons under the liquor control act.

According to the SIU, the man punched one of the officers in the face. Police used a Taser to subdue the man and, during the ensuing struggle, the man fell to the ground and broke his jaw.

“The officers had the right to use as much force as was reasonably necessary,” said SIU director Ian Scott in a statement.

“Given the complainant’s degree of resistance during the course of the arrest in which one officer was punched in the face, it is my opinion that the force used was not excessive.”

Scott said the man had been warned he would be shot with a Taser if he continued to resist arrest.

“He chose to ignore this warning and the Taser was used ... This use of force was not excessive.”

The SIU is a civilian organization that investigates deaths, sexual assaults and serious injuries involving police.

pmorse@thespec.com

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