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KALISPELL - A Kalispell man is suing the city's police department for violating his civil rights, alleging officers used excessive force during his January 2006 arrest.

A complaint filed in U.S. District Court in Missoula says officers twice used a Taser to subdue Timothy Perry before beating the handcuffed man on the back with police-issue batons.

The lawsuit is the second civil-rights case filed against Kalispell police and officers Nathan Vannoy and Steve Hoover in the past five months.

Kalispell police Chief Roger Nasset says allegations Perry was beaten during his arrest are "absolutely not true."

Nasset said Monday the two accused officers are not commenting, on the advice of their legal counsel.

An internal investigation conducted by the department cleared the officers involved of any wrongdoing.

It found that "appropriate force to make the arrest was used in this case," said Assistant City Attorney Richard M. Hickel, who called Perry's lawsuit "without merit."

Perry claims he received permanently disabling injuries and is seeking damages.

Perry's attorney, Scott G. Hilderman of Kalispell, declined to comment on the case.

Nasset said he is convinced the "officers and department did everything appropriately given the circumstances."

Perry's lawsuit is the second civil rights lawsuit filed against the Kalispell Police Department and officers Vannoy and Hoover since October 2008.

Another Kalispell man, Jesse Ray Perry - no relation to Timothy Perry - filed suit alleging that the officers used excessive force during his arrest, causing him a permanently disabling brain injury. That case is scheduled for a March 2010 trial in U.S. District Court in Missoula.

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