During a 2017 game between the New York Giants and San Francisco 49ers at Levi’s Stadium, two Big Blue fans, brothers Kyle and Patrick Flynn, were forcibly removed from the game after belligerently berating the team and causing a scene.
While being restrained, Kyle Flynn fell over the railing and was allegedly Tased and choked by officers. That came on the heels of a warning over their vulgarities, including flipping the bird at Giants players on their sideline.
The brothers have filed a lawsuit claiming their First Amendment rights were violated and that stadium security and local police used excessive force.
The suit states that the incident occurred on Nov. 12, 2017, at a game between Big Blue and the Niners, won by San Francisco, 31-21. The Flynns, who were seated close to the field, reportedly shouted “You suck” and flipped off members of the Giants, who were losing the game.
They reportedly complied with an order from a Santa Clara police officer named Nicholas Cusimano to cease yelling profanities, but the Flynns were ejected after repeating those offenses later in the game.
According to the lawsuit, Kyle Flynn had to be forcibly removed from his seat, alleging he was grabbed and choked by officers and was “left in restraint device” known as a WRAP “for at least 30 to 40 minutes.”
A third person, Lauren Alcare, was also taken into custody during the incident, which went viral shortly after it happened. A number of photos of it were captured by photographers working on the sideline during the game.
Kyle Flynn was initially placed under arrest and charged with resisting arrest, but the Santa Clara District Attorney’s Office later dropped the charges and dismissed the case.