A Black man says Dallas police tased and beat him after mistaking him for someone with the same name except for one letter

• A 27-year-old Black man says Dallas police tased and beat him, per a new lawsuit.
• The complaint says police mistook Silvester Hayes for another man, Sylvester Hayes.

A 27-year-old Black man is suing the City of Dallas and officers from the Dallas Police Department, claiming they beat him and tased him in a case of mistaken identity, according to a new lawsuit.

Silvester Hayes, a former security guard, was mistakenly arrested in place of the almost identically named Sylvester Hayes, the suit says.

Sylvester Hayes, per the lawsuit, was wanted on an accusation of domestic violence.

The suit, filed last week in a Texas court, says the lives of Hayes and his four children were "fundamentally altered forever" by the encounter on October 16, 2021.

The Dallas Police Department declined to comment to Insider on the lawsuit, citing a policy of not commenting on pending litigation.

According to the lawsuit, Hayes, a single dad, was on an early-morning trip to get French toast and bacon for his kids when he was pulled over.

It says the encounter took place at an unnamed restaurant in the Oak Cliff area of Dallas, and saw Hayes stopped by officers Holly Harris and Paul Guab.

Hayes, who alleges that he was racially profiled, was asked by Guab for his driver's license, the suit says.

According to the lawsuit, Hayes handed it over out of concern for the potential consequences of non-compliance with a police officer as a Black man.

The lawsuit said Hayes had no prior arrests and once dreamed of becoming a Dallas police officer himself one day.

Upon receiving Hayes' license, Guab handed it to Harris, who erroneously informed Guab that there was a warrant out for Hayes, according to the lawsuit.

The suit claims that Harris did not run a check on the Dallas Police Department's database.

It went on to say that once the officers decided to arrest Hayes, they forcibly removed him from his vehicle.

It is alleged in the suit that the officers "escalated their use of force" against Hayes, with other officers joining in after noticing a gun in Hayes' vehicle.

The gun was a lawfully registered weapon, the suit said.

The lawsuit, citing bodycam footage (which Insider has not reviewed), alleges that the officers kicked, punched, and used Tasers on Hayes, resulting in long-lasting injuries, including a dislocated shoulder.

Throughout the ordeal, Hayes begged for his life and appealed to bystanders for help, the suit says.

According to the lawsuit, Harris eventually checked the department's database and realized that they had apprehended the wrong person.

It is alleged in the suit that Harris can be heard on bodycam footage shouting: "Fuck, we got the wrong guy."

Nevertheless, the suit says Hayes was arrested on charges of resisting arrest and unlawful possession of a weapon.

According to the lawsuit, Hayes was held in jail for multiple days. It says that Hayes lost his job as a security guard because of his absence, which led to him being unemployed and struggling to provide for his young children.

The false charges against Hayes were dropped in December 2022, 14 months after the arrest, according to the lawsuit.

Hayes is seeking unspecified damages, alleging excessive use of force, unlawful arrest, and violation of his rights under the Fourth Amendment, which outlaws "unreasonable searches and seizures." He requested a trial by jury.