Man's suit claims police brutality

DAYTONA BEACH -- A 59-year-old Illinois man is suing the Daytona Beach Police Department, alleging he was punched in the face and treated with excessive force by officers during his 2003 arrest.

No record of an internal investigation or complaint stemming from the allegation is on file.

William Bataille, a Vietnam veteran, claims he was trying to congratulate a police officer on A1A at 3 a.m. March 30 when he was arrested for disorderly conduct and knocked to the ground, breaking his dentures.

But police say another inmate injured Bataille.

According to a police report, Bataille, whom police described as "very intoxicated and unable to stand or talk," swore at an officer after asking him for a cigarette.

He was arrested on disorderly conduct and possession of drug paraphernalia charges but was never prosecuted after reaching an agreement with the State Attorney's Office.

Police reports say a 25-year-old man was placed in Bataille's holding cell with him because that inmate was being disruptive and interfering with prisoners trying to use the telephone. They say that inmate beat Bataille during an argument.

The inmate was initially charged with battery but not prosecuted in the case. Police say five prisoners witnessed the attack but were unwilling to provide statements.

Bataille was treated at Halifax Medical Center for facial and mouth lacerations, according to another police report.

He is suing for unspecified damages. Calls to his attorney were not answered.