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Published on Feb 4, 2012
MELBOURNE, Fla -- The family of an elderly Melbourne with dementia man says they plan on suing the police department -- all over a violent confrontation that was caught on camera. The dash camera video shows 66-year-old Albert Flowers being kicked by Melbourne officer Derek Middendorf back in October. Flowers was also punched repeatedly, and another officer used a stun gun to shoot him in the face. Police reports said the officer was investigating a call about an argument at the time. Officer Middendorf said Flowers was acting aggressively and refused to stop at a safe distance. But the man's family said they're horrified and that the officer went too far. "I know he has a job to do, but when you take it above and beyond after being warned that he has dementia when you are warning that he has dementia and be brutal like that it's criminal," said Flowers' son Carlos. News 13 contacted Melbourne Police. They referred us to a spokesperson for the city who said because no complaint has been filed yet, they have nothing to respond to. They do say though the officer turned off his camera before the incident - but the video was still able to be retrieved from a hard drive. A hearing is set for Wednesday. Meanwhile, the city says Officer Middendorf is still employed with the police department, but is currently off the job after an unrelated injury - 15 January 2012