Tuesday, February 10, 2009

Daniel Hackett III Suing Pittsburgh for Officers Using Excessive Force

A Mt. Lebanon man is suing the city of Pittsburgh and one of its police officers, claiming that he was shot with a Taser several times for no reason.

Daniel A. Hackett III, 42, claims that the incident began on March 15 after he received a citation for failing to use a left-turn signal while on the South Side.

After he parked his car, the lawsuit says that Mr. Hackett, an accountant, saw a person urinating on a building and was nearly hit by a vehicle that ran a red light.

"In the immediate vicinity of these events, was a City of Pittsburgh patrol car in which defendant [Edward] Cunningham was a passenger," the lawsuit said. "As Mr. Hackett passed the vehicle he stated words to the effect that 'look ... there's a red light runner and there's a guy [urinating] on a building and I get a ticket for not using my turn signal?' "

Mr. Hackett claims he then walked into a convenience store but that Officer Cunningham grabbed him from behind and demanded his identification. When he complied, the lawsuit said, he was forcibly moved to the front of the store, and Officer Cunningham had his Taser drawn, pointed at Mr. Hackett.

"When he questioned Officer Cunningham why he was writing a citation and requested that his badge number be placed on the citation, [Hackett] was suddenly, without warning, and without any reasonable basis for doing so, Tasered several times causing him to collapse to the sidewalk," the lawsuit said.

Mr. Hackett claims he was shot by the Taser several more times while down on the sidewalk.

During the arrest, the lawsuit alleges, Mr. Hackett heard Officer Cunningham say, "this guy is from Upper St. Clair and he thinks that he is better than us."

Following the incident, Mr. Hackett was transported to UPMC South Side, where he was treated for his injuries. He then was taken to the Allegheny County Jail until about 3 p.m. the next day.

He was charged with resisting arrest and disorderly conduct but was acquitted on Dec. 4.

Mr. Hackett is seeking more than $50,000 in damages.

City attorneys could not be reached yesterday evening.

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