The Waupaca County Sheriff's Department says an officer who used a stun gun on an 84-year-old man acted within department policy and procedure.
The department says the man, who is a resident of the Wisconsin Veterans Home in King, was suicidal and became combative with the officer last Monday.
After the officer issued several warnings to comply and warned about the Taser, the officer stunned the man, authorities say.
The man was taken away by ambulance for treatment. We were told last week he was doing fine.
Showing posts with label Tasered. Show all posts
Showing posts with label Tasered. Show all posts
Monday, March 01, 2010
Monday, February 15, 2010
Gerald Amidon Recieves $150,000 After Officer Threatens to Sodomize Him With Taser
We previously followed the case of Gerald Amidon, who sued the Boise police department for allegedly threatening to sodomize him with a taser and using excessive force in his arrest, including tasering him on the buttocks. He has now settled for only $150,000 and, despite a highly disturbing tape of the incident, the police department is able to claim no fault as part of the settlement.
While against policy, the police insisted that the officer (who also threatened to shock his genitalia) merely failed to follow guidelines — the name of the officer has not been released despite the release of the audio tape below. The officer actually states on the tape that he had already sodomized Amidon with the taser when he threatened to deliver a second shock first to his anus and then to his genitalia.
Amidon stated that on February 14th he did not realize that the men forcing their way into his apartment were officers. He tried to block the door — resulting in three officers throwing him to the ground. After tasering him, the officer threatened to sodomize the man and deliver an anal shocking with his taser.
Here is the exchange:
Officer #3: Do you feel this?
Complainant: Yes, sir.
Officer #3: Do you feel that? That’s my -
Complainant: Okay
Officer #3: -Taser up your ass.
Complainant: Okay
Officer #3: So don’t move.
Complainant: I’m trying not to. I can’t breathe.
…
Officer #3: Now do you feel this in your balls?
Complainant: I do, sir. I’m not going to move. I’m not gonna move.
Officer #3 Now I’m gonna tase your balls if you move again.
A minute later, this exchange occurred:
Officer #3: Okay, I’m gonna take this Taser out of your asshole now. Are you going to fight with me?
Complainant: No, not at all, sir.
A supervisor later erased an audio recording of an interview with the man at the jail and did not write a report on the use of force in the arrest. While the officers have been “disciplined,” they were not removed from the force.
Boise Community Ombudsman Pierce Murphy found that the actions of the officer were not illegal but found abuse, here. You have an officer who says that he just sodomized a suspect and threatened to torture him. That is not unlawful in Boise?
In the internal investigation , here. Murphy found that there was no threat at the time of the incident:
“At the time that he was Tased on the buttocks, the Complainant was handcuffed and lying face-down on the floor. Officer #1 was holding the Complainant’s head and upper torso down with a knee across his shoulders. Officer #4 was positioned near the Complainant’s waist preparing to search the Complainant, and Officer #3 was situated near the Complainant’s legs and feet … Based on what he observed, Officer #2 saw no need to assist Officer #1, Officer #3, and Officer #4 in controlling the Complainant. According to Officer #1, the Complainant “mellowed out” after being handcuffed.”
He filed a complaint detailing the abuse and asked for $500,000 in punitive damages.
The reported settlement of $150,000 seems a bit low given the egregious conduct and lack of admission of fault. Of course, we are not the “boots on the ground” in the case and the legal team was probably discounting for the avoidance of trial costs and appeals. However, given the response of the Police Department, I was hoping to see a more punitive element to the liability to guarantee a greater deterrent effect. If it was not for this tape, this case would never have seen the light of day.
It was the result of mediation with the judge in the federal court. It also contained a reported confidentiality agreement barring public comment.
-----------------
You Tube Video
While against policy, the police insisted that the officer (who also threatened to shock his genitalia) merely failed to follow guidelines — the name of the officer has not been released despite the release of the audio tape below. The officer actually states on the tape that he had already sodomized Amidon with the taser when he threatened to deliver a second shock first to his anus and then to his genitalia.
Amidon stated that on February 14th he did not realize that the men forcing their way into his apartment were officers. He tried to block the door — resulting in three officers throwing him to the ground. After tasering him, the officer threatened to sodomize the man and deliver an anal shocking with his taser.
Here is the exchange:
Officer #3: Do you feel this?
Complainant: Yes, sir.
Officer #3: Do you feel that? That’s my -
Complainant: Okay
Officer #3: -Taser up your ass.
Complainant: Okay
Officer #3: So don’t move.
Complainant: I’m trying not to. I can’t breathe.
…
Officer #3: Now do you feel this in your balls?
Complainant: I do, sir. I’m not going to move. I’m not gonna move.
Officer #3 Now I’m gonna tase your balls if you move again.
A minute later, this exchange occurred:
Officer #3: Okay, I’m gonna take this Taser out of your asshole now. Are you going to fight with me?
Complainant: No, not at all, sir.
A supervisor later erased an audio recording of an interview with the man at the jail and did not write a report on the use of force in the arrest. While the officers have been “disciplined,” they were not removed from the force.
Boise Community Ombudsman Pierce Murphy found that the actions of the officer were not illegal but found abuse, here. You have an officer who says that he just sodomized a suspect and threatened to torture him. That is not unlawful in Boise?
In the internal investigation , here. Murphy found that there was no threat at the time of the incident:
“At the time that he was Tased on the buttocks, the Complainant was handcuffed and lying face-down on the floor. Officer #1 was holding the Complainant’s head and upper torso down with a knee across his shoulders. Officer #4 was positioned near the Complainant’s waist preparing to search the Complainant, and Officer #3 was situated near the Complainant’s legs and feet … Based on what he observed, Officer #2 saw no need to assist Officer #1, Officer #3, and Officer #4 in controlling the Complainant. According to Officer #1, the Complainant “mellowed out” after being handcuffed.”
He filed a complaint detailing the abuse and asked for $500,000 in punitive damages.
The reported settlement of $150,000 seems a bit low given the egregious conduct and lack of admission of fault. Of course, we are not the “boots on the ground” in the case and the legal team was probably discounting for the avoidance of trial costs and appeals. However, given the response of the Police Department, I was hoping to see a more punitive element to the liability to guarantee a greater deterrent effect. If it was not for this tape, this case would never have seen the light of day.
It was the result of mediation with the judge in the federal court. It also contained a reported confidentiality agreement barring public comment.
-----------------
You Tube Video
Thursday, January 28, 2010
Officer Todd Lappegaard Accused of Tasering Cooperative Teen
A Minneapolis police officer accused of Tasering a compliant suspect to the ground has been fired from the force, a source close to the department said.
Todd Lappegaard, who faces a federal lawsuit over the April 30, 2009, incident, sent an e-mail to many in the police department in the past several days in which he said he had been let go. He said in the e-mail that he was proud to serve with the city department, according to the source.
Jesse Garcia, police department spokesman, said he could not confirm the termination due to rules regarding personnel matters. Lappegaard, who was hired in 1993, could not be reached for comment Tuesday.
The lawsuit stems from an arrest that took place shortly before midnight in which Rolando Ruiz, 18, was suspected of damaging a police cruiser parked at the Second Precinct on Central Avenue. The arrest, recorded by a video camera on Lappegaard's cruiser, began with Ruiz standing in front of Lappegaard's car with his hands on the hood. Lappegaard then places a Taser on Ruiz's neck and stuns him.
"As plaintiff Ruiz slumped to the ground, Lappegaard held his knee on the plaintiff's back to prevent him from avoiding the electrical shock of the Taser device," the lawsuit reads. "Lappegaard held his free hand on the squad car hood to brace himself as he pinned Ruiz to the ground and continued shocking him."
Along with the civil rights violations, the suit lists nine causes of action. Among them it cites a 2002 incident in which Lappegaard was driving a squad car that made contact with a sport utility vehicle driven by a woman fleeing police. She later drove the SUV off the street, hitting and killing a Richfield man who was jogging.
Ruiz has sued for damages between $75,000 and $400,000 as well as punitive damages. A jury trial has been placed on the U.S. District Court schedule for 2012.
Todd Lappegaard, who faces a federal lawsuit over the April 30, 2009, incident, sent an e-mail to many in the police department in the past several days in which he said he had been let go. He said in the e-mail that he was proud to serve with the city department, according to the source.
Jesse Garcia, police department spokesman, said he could not confirm the termination due to rules regarding personnel matters. Lappegaard, who was hired in 1993, could not be reached for comment Tuesday.
The lawsuit stems from an arrest that took place shortly before midnight in which Rolando Ruiz, 18, was suspected of damaging a police cruiser parked at the Second Precinct on Central Avenue. The arrest, recorded by a video camera on Lappegaard's cruiser, began with Ruiz standing in front of Lappegaard's car with his hands on the hood. Lappegaard then places a Taser on Ruiz's neck and stuns him.
"As plaintiff Ruiz slumped to the ground, Lappegaard held his knee on the plaintiff's back to prevent him from avoiding the electrical shock of the Taser device," the lawsuit reads. "Lappegaard held his free hand on the squad car hood to brace himself as he pinned Ruiz to the ground and continued shocking him."
Along with the civil rights violations, the suit lists nine causes of action. Among them it cites a 2002 incident in which Lappegaard was driving a squad car that made contact with a sport utility vehicle driven by a woman fleeing police. She later drove the SUV off the street, hitting and killing a Richfield man who was jogging.
Ruiz has sued for damages between $75,000 and $400,000 as well as punitive damages. A jury trial has been placed on the U.S. District Court schedule for 2012.
Officer Michael Kavenius & Sgt. Paul Brown Firing Upheld for Tasering 76-year-old Man
The Glenrock Town Council voted Monday night to uphold last year's terminations of Officer Michael Kavenius and Sgt. Paul Brown.
According to a state review of the incident, Bud Grose was shocked five times with Kavenius' Taser during Glenrock's annual Deer Creek Days Parade in August.
Grose was driving an antique tractor in the parade and disobeyed Kavenius' traffic command, police said. Brown pulled a police vehicle in front of Grose's tractor, and the tractor collided with it.
Neither former officer was present at the council meeting. A lawyer representing the two has said they violated no police policies or procedures and deserved to be reinstated.
"Sgt. Brown and Officer Kavenius are decent, hardworking men who have generously volunteered to the community and worked in the law enforcement establishment for years," Casper lawyer John H. Robinson said last year.
Grose didn't attend the meeting either but said in a telephone interview afterward he was grateful to the Glenrock community and the council. Glenrock has a population of about 2,300 and is about 25 miles east of Casper.
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"It just kind of shows what people can accomplish when they hang together," Grose said. He said he's been consulting with a lawyer but hasn't decided whether he will sue over the incident.
The incident drew an angry mob, with many people shouting that police mishandled the situation, according to investigators' reports. It has since focused attention on the performance of Glenrock's seven-member police department.
"About everybody thinks it was uncalled for, it could have been handled strictly different," Grose said.
His son, Mike Grose, attended Monday's meeting and thanked the council for making what he called a hard but just decision.
Councilor Bruce Vinolla was among the three who voted to uphold the officers' firings. "As the process went forward, everything just kind of pointed toward the decision," he said after the meeting. "It just kind of made itself."
Vinolla said he believes many in the community were concerned that the situation would be swept under the rug. But he noted that the town called in outside law enforcement agencies to investigate, and said such things take time.
Glenrock Mayor Steve Cielinski and a fourth councilor didn't take part in the vote; the mayor was involved in the investigation, and the councilor had connections to people involved.
Glenrock Police Chief Tom Sweet said after the council vote that he had recommended the firings be upheld. He said the officers were put on administrative leave in August and terminated in September.
"It's been highly emotional for the community - for everyone involved," Sweet said. He said he expects to have two new officers working by this summer.
"I just hope that the community will have confidence in and support the police department as a whole, and the individual officers as they're trying to do their jobs," Sweet said. "I think this incident kind of brought to light even bad things happen in small communities, and your officers have to be professional whether they're in Glenrock, Wyoming, or New York City."
Friday, January 22, 2010
Police Misconduct Lawsuit Settled in New Orleans
Attorneys for the city of New Orleans recently settled a pair of high-profile federal lawsuits alleging police misconduct.
One alleged brawl, involving city transit workers and off-duty officers, took place on Mardi Gras night at the Beach Corner bar in Mid-City. The other case centered on an incident in July 2006 inside a Central City bar.
On Friday, the city attorney's office reached a settlement in federal court with the American Civil Liberties Union, which represents Steven Elloie, a bar manager who alleged he was beaten, twice shocked with a Taser stun gun and falsely arrested inside the Sportsman's Corner bar.
According to the suit, Elloie was taking inventory in the stockroom that night when the officers "entered the bar in an aggressive and belligerent manner" and announced they were looking for two young black men wearing blue jeans and white T-shirts. The 16 customers inside the bar told the police that no one fitting that description had come in.
Though they had no search warrant or permission to search the bar, the officers began "forcefully opening and attempting to open doors," and one officer grabbed Elloie and told him he was going to jail, the suit alleged. Elloie said four or five cops then began hitting and kicking him.
Police booked him with resisting arrest and battery on one of the police officers, but the charges were later dropped. The Elloie family filed Public Integrity Bureau complaints with more than a dozen supporting witnesses. The internal affairs division of the NOPD found that Elloie's claims were "unsubstantiated."
Elloie's attorney, Katie Schwartzmann of the ACLU, declined to release the settlement amount, which is in addition to attorney's fees.
"The settlement in this case is a great outcome for Steven Elloie, but until we have meaningful internal accountability for officers who break the law, we will continue to have problems with police misconduct in this City," Schwartzmann said in a released statement. "People must be able to trust the police."
Police spokesman Bob Young did not immediately return a request for comment Friday. The city attorney, Penya Moses-Fields, did not return a request for comment late Friday afternoon regarding the Elloie case.
Some of the same officers involved in the Elloie incident were later involved in another well-publicized case. That case, closed Friday in federal district court, was brought by a Regional Transit Authority employee who alleged he, and some co-workers, were beaten and falsely arrested in a racially charged bar brawl with off-duty officers in 2008. The dismissal came two weeks after the two sides reached an agreement.
Lamont Williams, the RTA worker, alleged that he and three co-workers, who are all black, were subjected to racial epithets, followed outside and beaten by off-duty, plainclothes officers. He also alleged that a police officer pulled a gun from a co-worker's car, planted it on Williams, then falsely arrested him for possession of a gun - a charge that was later dropped.
The city settled the case for $25,000, according to Moses-Fields.
"The City of New Orleans decided it was a good business decision to settle the cases because litigating them to completion would have cost more than $25,000," Moses-Fields wrote in an e-mail message. "The City of New Orleans entered into the settlement with absolutely no admission of liability."
One of the officers, David Lapene, was dropped from the lawsuit "after it became apparent that the officer had absolutely nothing to do with" the incident, Moses-Field noted.
Police attorney Frank DeSalvo said Friday that the "whole case was a sham" and that the small settlement amount shows the allegations had little merit.
Attorney Stephen Rue, who brought the case, said Williams had difficulty identifying the specific officer who punched him. Ultimately, Williams wanted to settle the case and move on, Rue said.
The NOPD's own initial investigation concluded that five officers broke police conduct rules and then lied to investigators, with at least one officer coercing a civilian witness to lie.
Police Superintendent Warren Riley fired two officers: Sgt. Warren Keller Jr, who allegedly exchanged harsh words with Williams inside the restroom stall, kicking off the imbroglio; and Lapene, who was dropped from the federal suit, and who allegedly threw a punch that landed on William's face. Both officers have appealed their terminations to the city's Civil Service Commission.
The NOPD initial investigation also concluded that another off-duty officer, Jennifer Samuel, committed wrongdoing. She was suspended for 80 days.
A criminal inquiry into the officers' actions was opened, but charges were never filed. Then-District Attorney Keva Landrum-Johnson's office responded to the NOPD in writing, saying the matter had been refused for prosecution because an essential witness, RTA worker Kennis Hagan, had drowned in an unrelated incident.
One alleged brawl, involving city transit workers and off-duty officers, took place on Mardi Gras night at the Beach Corner bar in Mid-City. The other case centered on an incident in July 2006 inside a Central City bar.
On Friday, the city attorney's office reached a settlement in federal court with the American Civil Liberties Union, which represents Steven Elloie, a bar manager who alleged he was beaten, twice shocked with a Taser stun gun and falsely arrested inside the Sportsman's Corner bar.
According to the suit, Elloie was taking inventory in the stockroom that night when the officers "entered the bar in an aggressive and belligerent manner" and announced they were looking for two young black men wearing blue jeans and white T-shirts. The 16 customers inside the bar told the police that no one fitting that description had come in.
Though they had no search warrant or permission to search the bar, the officers began "forcefully opening and attempting to open doors," and one officer grabbed Elloie and told him he was going to jail, the suit alleged. Elloie said four or five cops then began hitting and kicking him.
Police booked him with resisting arrest and battery on one of the police officers, but the charges were later dropped. The Elloie family filed Public Integrity Bureau complaints with more than a dozen supporting witnesses. The internal affairs division of the NOPD found that Elloie's claims were "unsubstantiated."
Elloie's attorney, Katie Schwartzmann of the ACLU, declined to release the settlement amount, which is in addition to attorney's fees.
"The settlement in this case is a great outcome for Steven Elloie, but until we have meaningful internal accountability for officers who break the law, we will continue to have problems with police misconduct in this City," Schwartzmann said in a released statement. "People must be able to trust the police."
Police spokesman Bob Young did not immediately return a request for comment Friday. The city attorney, Penya Moses-Fields, did not return a request for comment late Friday afternoon regarding the Elloie case.
Some of the same officers involved in the Elloie incident were later involved in another well-publicized case. That case, closed Friday in federal district court, was brought by a Regional Transit Authority employee who alleged he, and some co-workers, were beaten and falsely arrested in a racially charged bar brawl with off-duty officers in 2008. The dismissal came two weeks after the two sides reached an agreement.
Lamont Williams, the RTA worker, alleged that he and three co-workers, who are all black, were subjected to racial epithets, followed outside and beaten by off-duty, plainclothes officers. He also alleged that a police officer pulled a gun from a co-worker's car, planted it on Williams, then falsely arrested him for possession of a gun - a charge that was later dropped.
The city settled the case for $25,000, according to Moses-Fields.
"The City of New Orleans decided it was a good business decision to settle the cases because litigating them to completion would have cost more than $25,000," Moses-Fields wrote in an e-mail message. "The City of New Orleans entered into the settlement with absolutely no admission of liability."
One of the officers, David Lapene, was dropped from the lawsuit "after it became apparent that the officer had absolutely nothing to do with" the incident, Moses-Field noted.
Police attorney Frank DeSalvo said Friday that the "whole case was a sham" and that the small settlement amount shows the allegations had little merit.
Attorney Stephen Rue, who brought the case, said Williams had difficulty identifying the specific officer who punched him. Ultimately, Williams wanted to settle the case and move on, Rue said.
The NOPD's own initial investigation concluded that five officers broke police conduct rules and then lied to investigators, with at least one officer coercing a civilian witness to lie.
Police Superintendent Warren Riley fired two officers: Sgt. Warren Keller Jr, who allegedly exchanged harsh words with Williams inside the restroom stall, kicking off the imbroglio; and Lapene, who was dropped from the federal suit, and who allegedly threw a punch that landed on William's face. Both officers have appealed their terminations to the city's Civil Service Commission.
The NOPD initial investigation also concluded that another off-duty officer, Jennifer Samuel, committed wrongdoing. She was suspended for 80 days.
A criminal inquiry into the officers' actions was opened, but charges were never filed. Then-District Attorney Keva Landrum-Johnson's office responded to the NOPD in writing, saying the matter had been refused for prosecution because an essential witness, RTA worker Kennis Hagan, had drowned in an unrelated incident.
Thursday, January 14, 2010
Lawswuit Filed by Two Students Who Were Tasered
Two federal lawsuits each seek more than $10 million on behalf of two Illinois 12-year-olds allegedly shocked during an unauthorized Taser demonstration by a school officer.
Police say the officer is on administrative leave following the Tuesday incident at a junior high in Kankakee, about 60 miles south of Chicago.
The officer allegedly used the Taser on three students who volunteered for the demonstration. A parent later took one student to a hospital, where he was examined and released.
The lawsuits filed Thursday name the police officer, the city, the school district and two teachers. Messages seeking comment have been left with city and school district officials.
The boys' attorney, James Meeks, says they also want the officer fired and criminal charges filed.
More Information
Police say the officer is on administrative leave following the Tuesday incident at a junior high in Kankakee, about 60 miles south of Chicago.
The officer allegedly used the Taser on three students who volunteered for the demonstration. A parent later took one student to a hospital, where he was examined and released.
The lawsuits filed Thursday name the police officer, the city, the school district and two teachers. Messages seeking comment have been left with city and school district officials.
The boys' attorney, James Meeks, says they also want the officer fired and criminal charges filed.
More Information
Saturday, January 02, 2010
Diabetic Man Tasered 11 Times While Unconscious
Police officers from two Chicago suburbs are being sued after one of them allegedly Tasered a man having a diabetic seizure because the diabetic involuntarily hit the officer while being taken to an ambulance.
Prospero Lassi, a 40-year-old employee of Southwest Airlines, filed the lawsuit with a federal court in Chicago last week, following an April 9, 2009, incident in which Lassi was taken to hospital following a violent diabetic seizure -- and being Tasered 11 times while unconscious.
That day, Lassi's roommate found the man on the floor of his apartment having a seizure and foaming at the mouth, according to the statement filed with the court. The roommate called 911 for help, and police officers from the Brookfield and LaGrange Park police departments arrived to help with the situation.
As police officers were helping the paramedics move Lassi to an ambulance, Lassi -- still in the midst of the seizure and described as "unresponsive" -- involuntarily smacked one of the officers with his arm.
"Reacting to Mr. Lassi’s involuntary movement, one or more of the [officers] pushed Mr. Lassi to the ground, forcibly restraining him there," the complaint states. "[LaGrange Park Officer Darren] Pedota then withdrew his Taser, an electroshock weapon that uses electrical current to disrupt a person’s control over his muscles, and electrocuted Mr. Lassi eleven times.
"Mr. Lassi remained immobile on the floor and was unable to defend himself during this attack. None of the other LaGrange and Brookfield Defendants attempted to interrupt Defendant Pedota's repeated use of the Taser."
The filing says that Lassi spent five days in hospital, and "as a result of this incident, Mr. Lassi has permanent scars on his skin, including a scar on his face. Mr. Lassi has also suffered, and continues to suffer, neurological and musculoskeletal injuries, among other injuries."
According to Courthouse News, Lassi is seeking "punitive damages for battery, excessive force, and failure to intervene."
Prospero Lassi, a 40-year-old employee of Southwest Airlines, filed the lawsuit with a federal court in Chicago last week, following an April 9, 2009, incident in which Lassi was taken to hospital following a violent diabetic seizure -- and being Tasered 11 times while unconscious.
That day, Lassi's roommate found the man on the floor of his apartment having a seizure and foaming at the mouth, according to the statement filed with the court. The roommate called 911 for help, and police officers from the Brookfield and LaGrange Park police departments arrived to help with the situation.
As police officers were helping the paramedics move Lassi to an ambulance, Lassi -- still in the midst of the seizure and described as "unresponsive" -- involuntarily smacked one of the officers with his arm.
"Reacting to Mr. Lassi’s involuntary movement, one or more of the [officers] pushed Mr. Lassi to the ground, forcibly restraining him there," the complaint states. "[LaGrange Park Officer Darren] Pedota then withdrew his Taser, an electroshock weapon that uses electrical current to disrupt a person’s control over his muscles, and electrocuted Mr. Lassi eleven times.
"Mr. Lassi remained immobile on the floor and was unable to defend himself during this attack. None of the other LaGrange and Brookfield Defendants attempted to interrupt Defendant Pedota's repeated use of the Taser."
The filing says that Lassi spent five days in hospital, and "as a result of this incident, Mr. Lassi has permanent scars on his skin, including a scar on his face. Mr. Lassi has also suffered, and continues to suffer, neurological and musculoskeletal injuries, among other injuries."
According to Courthouse News, Lassi is seeking "punitive damages for battery, excessive force, and failure to intervene."
Court Rules Coronado Officer Used Excessive Force when Tasering
In what could be considered a landmark ruling on the police use of Tasers, a federal court of appeals issued a strongly-worded judgment this week blaming a Coronado police officer for using excessive force when he shot the device at an unarmed, noncombative motorist during a traffic stop in 2005.
The ruling by the U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, means officers can be held liable for their use of Taser weapons and allows the driver, Carl Bryan, to continue to pursue his lawsuit against the Coronado officer.
“It really is the first decision that makes a comprehensive survey of case law, as well as good discussion of exactly how to categorize the use of the Taser in the continuum of force,” said Gene Iredale, Bryan’s San Diego-based attorney.
The appeals decision, written by Judge Kim McLane Wardlaw, describes the officer’s use of the Taser as “unconstitutionally excessive and a violation of Bryan’s clearly established rights.”
“The physiological effects, the high level of pain, and foreseeable risk of physical injury leads us to conclude that the X26 (Taser) and similar devices are a greater intrusion than other nonlethal methods of force we have confronted,” the judge wrote.
The ruling has attracted the attention of local law enforcement agencies, including the San Diego County Sheriff’s Department, which will review the case in the coming weeks to see if policies on Taser use need to change.
Coronado Police Chief Lou Scanlon said yesterday that the department’s Taser policies have evolved since the incident, and they currently comply with the court ruling, including considering the use of Tasers more serious when compared with other nonlethal weapons and, when possible, warning people before they are about to be shot using a Taser.
“But we certainly reviewed our policy after the court decision to make sure we were in compliance,” said Scanlon, who stressed that the case has not been to trial and much of the officer’s side of the story has not been presented in court.
The 22-page decision illustrates how “an already bad morning for Bryan took a turn for the worst” in the summer of 2005.
Bryan, then 21, had spent the night in Ventura County with family and had planned to drive his brother to his parents’ house in Coronado when he realized that someone had accidentally taken his car keys to Los Angeles.
Wearing the T-shirt and boxers he had slept in, Bryan got a ride to Los Angeles with his cousins, retrieved his keys, then headed back to Ventura County to pick up his brother for the ride south again.
On the way to Coronado, the California Highway Patrol stopped Bryan for speeding, and then later Coronado Officer Brian McPherson pulled him over for not wearing a seat belt.
Angry at himself for forgetting to buckle up and for getting his second ticket in a day, the judge wrote, Bryan was clearly agitated during the second stop, at one point hitting the steering wheel and cursing at himself.
He then got out of the car, and was “yelling gibberish and hitting his thighs, clad only in boxers and tennis shoes,” while McPherson stood 20 to 25 feet away, the judge wrote. Bryan reportedly made no threats to the officer and did not attempt to flee.
The officer testified that he had told Bryan to stay in the car and that Bryan had taken “one step” toward him. Bryan denied both statements.
Then “without giving any warning, Officer McPherson shot Bryan with a Taser,” Wardlaw wrote. Bryan, who according to physical evidence was facing away from the officer fell on his face as 50,000 volts of electricity ran through his body. Four teeth shattered when he hit the pavement.
Bryan was hospitalized and charged with resisting an officer in performance of his duties. The case ended with a hung jury, and the charge was dismissed.
Bryan, who lives in Spain and is a tennis coach and part-time actor, sued the city of Coronado and McPherson for excessive force, assault and battery and intentional infliction of emotional distress. A federal judge denied McPherson’s request for summary judgment to rule in his favor. McPherson appealed.
With Monday’s Court of Appeals ruling, which denied McPherson immunity, the officer can either petition for a rehearing, appeal to the U.S. Supreme Court or likely face a jury trial in San Diego Federal Court under the lawsuit.
McPherson’s attorney, Steve Boehmer, did not return a call seeking comment yesterday. McPherson left the Coronado department about three years ago and works as a police officer at a San Diego-area university.
The ruling by the U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, means officers can be held liable for their use of Taser weapons and allows the driver, Carl Bryan, to continue to pursue his lawsuit against the Coronado officer.
“It really is the first decision that makes a comprehensive survey of case law, as well as good discussion of exactly how to categorize the use of the Taser in the continuum of force,” said Gene Iredale, Bryan’s San Diego-based attorney.
The appeals decision, written by Judge Kim McLane Wardlaw, describes the officer’s use of the Taser as “unconstitutionally excessive and a violation of Bryan’s clearly established rights.”
“The physiological effects, the high level of pain, and foreseeable risk of physical injury leads us to conclude that the X26 (Taser) and similar devices are a greater intrusion than other nonlethal methods of force we have confronted,” the judge wrote.
The ruling has attracted the attention of local law enforcement agencies, including the San Diego County Sheriff’s Department, which will review the case in the coming weeks to see if policies on Taser use need to change.
Coronado Police Chief Lou Scanlon said yesterday that the department’s Taser policies have evolved since the incident, and they currently comply with the court ruling, including considering the use of Tasers more serious when compared with other nonlethal weapons and, when possible, warning people before they are about to be shot using a Taser.
“But we certainly reviewed our policy after the court decision to make sure we were in compliance,” said Scanlon, who stressed that the case has not been to trial and much of the officer’s side of the story has not been presented in court.
The 22-page decision illustrates how “an already bad morning for Bryan took a turn for the worst” in the summer of 2005.
Bryan, then 21, had spent the night in Ventura County with family and had planned to drive his brother to his parents’ house in Coronado when he realized that someone had accidentally taken his car keys to Los Angeles.
Wearing the T-shirt and boxers he had slept in, Bryan got a ride to Los Angeles with his cousins, retrieved his keys, then headed back to Ventura County to pick up his brother for the ride south again.
On the way to Coronado, the California Highway Patrol stopped Bryan for speeding, and then later Coronado Officer Brian McPherson pulled him over for not wearing a seat belt.
Angry at himself for forgetting to buckle up and for getting his second ticket in a day, the judge wrote, Bryan was clearly agitated during the second stop, at one point hitting the steering wheel and cursing at himself.
He then got out of the car, and was “yelling gibberish and hitting his thighs, clad only in boxers and tennis shoes,” while McPherson stood 20 to 25 feet away, the judge wrote. Bryan reportedly made no threats to the officer and did not attempt to flee.
The officer testified that he had told Bryan to stay in the car and that Bryan had taken “one step” toward him. Bryan denied both statements.
Then “without giving any warning, Officer McPherson shot Bryan with a Taser,” Wardlaw wrote. Bryan, who according to physical evidence was facing away from the officer fell on his face as 50,000 volts of electricity ran through his body. Four teeth shattered when he hit the pavement.
Bryan was hospitalized and charged with resisting an officer in performance of his duties. The case ended with a hung jury, and the charge was dismissed.
Bryan, who lives in Spain and is a tennis coach and part-time actor, sued the city of Coronado and McPherson for excessive force, assault and battery and intentional infliction of emotional distress. A federal judge denied McPherson’s request for summary judgment to rule in his favor. McPherson appealed.
With Monday’s Court of Appeals ruling, which denied McPherson immunity, the officer can either petition for a rehearing, appeal to the U.S. Supreme Court or likely face a jury trial in San Diego Federal Court under the lawsuit.
McPherson’s attorney, Steve Boehmer, did not return a call seeking comment yesterday. McPherson left the Coronado department about three years ago and works as a police officer at a San Diego-area university.
Tuesday, December 29, 2009
Officer Anthony Plummer Fired for Using Excessive Force
A Cincinnati police officer at the center of a Taser scandal is no longer employed with the city.
Officials said Officer Anthony Plummer, 32, was fired from the police force earlier this month.
Plummer was accused of using excessive force during a traffic stop involving a city councilman's daughter.
Police said Chief Thomas Streicher made the recommendation to the city and that it was upheld.
Managers said Plummer had 10 days to appeal the ruling and has done so.
The case will go before a civil service review board and the board will make the final decision whether the termination was warranted.
Police said that for the moment, Plummer is no longer with the police force. No time line was provided for when the board would make its decision.
Officials said Officer Anthony Plummer, 32, was fired from the police force earlier this month.
Plummer was accused of using excessive force during a traffic stop involving a city councilman's daughter.
Police said Chief Thomas Streicher made the recommendation to the city and that it was upheld.
Managers said Plummer had 10 days to appeal the ruling and has done so.
The case will go before a civil service review board and the board will make the final decision whether the termination was warranted.
Police said that for the moment, Plummer is no longer with the police force. No time line was provided for when the board would make its decision.
Wednesday, December 23, 2009
Texas Woman Says Waco Police Used Excessive Force
One Central Texas woman says she feels Waco Police were putting on a show and using excessive force when they used a Taser on her brother-in-law last week.
Waco resident Jessica Smith says her brother-in-law, Brent Smith, was stunned and arrested by police at Cricket's Bar and Grill last week after he confronted another patron who publicly molested her.
“The guy walked by and squeezed my breast and I wasn't the only one who felt it and saw it," Smith told News 10.
Cell phone video shows a man being stunned with a Taser and then taken into police custody inside the doorway of the popular downtown pub.
“We thought the police were there to help us,” Smith said “I was so relieved when we heard police were coming because maybe somebody would listen to us.”
But Waco Police Sgt Melvin Roseborough says there is more to the story than what is shown by the dark, shaky video.
“Whenever the officer tried to handcuff this individual, he got one handcuff on,” Roseborough said.
The man in the video then pulled away from the police officer, Roseborough told News 10, and the handcuff became a weapon.
The officers responded in a manner to keep anyone from getting hurt in that situation, Roseborough said.
“I don’t feel my brother-in-law deserves this at all,” says Smith.
Brent Smith agreed, “My civil rights were violated by the city in which I pay my bills and that that’s what bothers me.”
Roseborough says an entire division exists within the Waco Police Department to hold officers accountable by listening to complaints.
Waco Police say, however, that no complaints have been filed in connection with the incident.
Waco resident Jessica Smith says her brother-in-law, Brent Smith, was stunned and arrested by police at Cricket's Bar and Grill last week after he confronted another patron who publicly molested her.
“The guy walked by and squeezed my breast and I wasn't the only one who felt it and saw it," Smith told News 10.
Cell phone video shows a man being stunned with a Taser and then taken into police custody inside the doorway of the popular downtown pub.
“We thought the police were there to help us,” Smith said “I was so relieved when we heard police were coming because maybe somebody would listen to us.”
But Waco Police Sgt Melvin Roseborough says there is more to the story than what is shown by the dark, shaky video.
“Whenever the officer tried to handcuff this individual, he got one handcuff on,” Roseborough said.
The man in the video then pulled away from the police officer, Roseborough told News 10, and the handcuff became a weapon.
The officers responded in a manner to keep anyone from getting hurt in that situation, Roseborough said.
“I don’t feel my brother-in-law deserves this at all,” says Smith.
Brent Smith agreed, “My civil rights were violated by the city in which I pay my bills and that that’s what bothers me.”
Roseborough says an entire division exists within the Waco Police Department to hold officers accountable by listening to complaints.
Waco Police say, however, that no complaints have been filed in connection with the incident.
Saturday, December 12, 2009
Former Officer Thomas Rush Jr Charged with Resisting Arrest
A traffic stop Thursday afternoon in Bonita Springs resulted in the arrest of three family members – one of whom is a former law enforcement officer from New Jersey.
Thomas Rush Jr., 65, a former New Jersey law enforcement officer; his wife, Donna Rush, 48; and son, Raymond Rush, 18, whose addresses were not released but live in South Lee County, were each charged with resisting a law enforcement officer without violence. They posted $1,000 bond and were released early Friday from Lee County Jail.
According to arrest reports:
Michael Rush, 20, was stopped by Lee deputies for an undisclosed reason and began using his cell phone to call family members.
Raymond Rush, driving a Ford Freestar minivan, arrived and asked why his brother was stopped. The deputies told him to leave, and he did, but he returned with their mother, Donna Rush, who was Tasered twice by deputies.
Thomas Rush, the boys’ father, arrived in a Mustang, parked his vehicle in a nearby parking lot and went toward deputies, even though he was told to stay away.
Thomas Rush told deputies: “He is not (expletive) going anywhere and he did not have to leave.” He armed himself with a black walking cane and refused to leave. He was arrested after a struggle.
Raymond Rush then returned with his mother, who began yelling expletives at the deputies, including: “get off my (expletive) husband.” She was told to leave, refused and a deputy deployed his Taser, but only one prong stuck.
She ran to one of the vehicles and jumped in, wrapping her arm around the steering wheel and locked her leg against the door. She was Tasered a second time, again unsuccessfully. After a struggle she was taken from the vehicle and arrested, as was her youngest son.
It was unclear whether Michael Rush received a traffic citation, but he was not arrested.
The parents were taken to Gulf Coast Hospital after complaining of injuries. They were treated and later released to be booked into jail.
A deputy received a cut under his eye during one of the struggles.
Thomas Rush Jr., 65, a former New Jersey law enforcement officer; his wife, Donna Rush, 48; and son, Raymond Rush, 18, whose addresses were not released but live in South Lee County, were each charged with resisting a law enforcement officer without violence. They posted $1,000 bond and were released early Friday from Lee County Jail.
According to arrest reports:
Michael Rush, 20, was stopped by Lee deputies for an undisclosed reason and began using his cell phone to call family members.
Raymond Rush, driving a Ford Freestar minivan, arrived and asked why his brother was stopped. The deputies told him to leave, and he did, but he returned with their mother, Donna Rush, who was Tasered twice by deputies.
Thomas Rush, the boys’ father, arrived in a Mustang, parked his vehicle in a nearby parking lot and went toward deputies, even though he was told to stay away.
Thomas Rush told deputies: “He is not (expletive) going anywhere and he did not have to leave.” He armed himself with a black walking cane and refused to leave. He was arrested after a struggle.
Raymond Rush then returned with his mother, who began yelling expletives at the deputies, including: “get off my (expletive) husband.” She was told to leave, refused and a deputy deployed his Taser, but only one prong stuck.
She ran to one of the vehicles and jumped in, wrapping her arm around the steering wheel and locked her leg against the door. She was Tasered a second time, again unsuccessfully. After a struggle she was taken from the vehicle and arrested, as was her youngest son.
It was unclear whether Michael Rush received a traffic citation, but he was not arrested.
The parents were taken to Gulf Coast Hospital after complaining of injuries. They were treated and later released to be booked into jail.
A deputy received a cut under his eye during one of the struggles.
Monday, November 30, 2009
Officer Dustin Bradshaw Fired for Tasering 10-year-old Girl
The mayor of a small Arkansas town says the police officer who used a stun gun on an unruly 10-year-old girl has been fired for violating department policy — not for using the Taser but for failing to use the camera attached to it.
Ozark Mayor Vernon McDaniel says Officer Dustin Bradshaw's termination was effective Friday. The mayor says he received notice of Bradshaw's firing on Monday morning.
According to a police report, Bradshaw used the Taser on the girl on Nov. 11 after receiving a call about a domestic disturbance. The report says the girl's mother gave Bradshaw permission to use the stun gun if needed.
A phone number for Bradshaw couldn't immediately be found Monday. The mayor says Bradshaw will still receive unpaid vacation and holiday time.
Ozark Mayor Vernon McDaniel says Officer Dustin Bradshaw's termination was effective Friday. The mayor says he received notice of Bradshaw's firing on Monday morning.
According to a police report, Bradshaw used the Taser on the girl on Nov. 11 after receiving a call about a domestic disturbance. The report says the girl's mother gave Bradshaw permission to use the stun gun if needed.
A phone number for Bradshaw couldn't immediately be found Monday. The mayor says Bradshaw will still receive unpaid vacation and holiday time.
Thursday, October 01, 2009
Travis County Offers $40,000 to Tasered Woman
Travis County has offered a $40,000 settlement to a 72-year-old Texas woman on whom a deputy constable used a Taser after a traffic stop in an incident recorded by a patrol car camera.
Video of the incident has been shown around the world.
Kathryn Winkfein dared the constable to use the Taser and ultimately he did during the traffic stop in May during which the woman became confrontational.
She wants $135,000 for pain and suffering, medical expenses and humiliation, but Travis County commissioners Tuesday approved $40,000 as their "firm" counteroffer.
The incident is being reviewed by the district attorney's office, and a resisting-arrest charge is pending, said Precinct 3 Constable Richard McCain.
An internal investigation found no violations by the deputy constable, McCain said.
Winkfein's lawyer Tom Tourtellotte said he would discuss the counteroffer with his client.
Video of the incident has been shown around the world.
Kathryn Winkfein dared the constable to use the Taser and ultimately he did during the traffic stop in May during which the woman became confrontational.
She wants $135,000 for pain and suffering, medical expenses and humiliation, but Travis County commissioners Tuesday approved $40,000 as their "firm" counteroffer.
The incident is being reviewed by the district attorney's office, and a resisting-arrest charge is pending, said Precinct 3 Constable Richard McCain.
An internal investigation found no violations by the deputy constable, McCain said.
Winkfein's lawyer Tom Tourtellotte said he would discuss the counteroffer with his client.
Tuesday, September 22, 2009
Two Officer Fired After Tasering 76-year-old Man During Parade
A small-town police department in Wyoming has fired two officers who chased down and used a Taser on a 76-year-old tractor driver during a parade in August.
The Glenrock Police Department issued a release today saying the decision was made "after careful consideration of all facts revealed through the investigation."
The town hired an outside consultant to review whether Sgt. Paul Brown and Officer Michael Kavenius broke department policies when they pursued and shocked Bud Grose.
Investigators have said Grose disobeyed an officer’s traffic command while he was driving an antique tractor during the Deer Creek Days parade. Prosecutors decided against filing any charges in the incident.
The Glenrock Police Department issued a release today saying the decision was made "after careful consideration of all facts revealed through the investigation."
The town hired an outside consultant to review whether Sgt. Paul Brown and Officer Michael Kavenius broke department policies when they pursued and shocked Bud Grose.
Investigators have said Grose disobeyed an officer’s traffic command while he was driving an antique tractor during the Deer Creek Days parade. Prosecutors decided against filing any charges in the incident.
Wheelchair-Bound Man Tasered & Pushed Out of Wheelchair
A wheelchair-bound, legless man in Merced, California, says police officers tasered him twice, pushed him out of his wheelchair and left him handcuffed in broad daylight naked from the waist down before arresting him on charges that would never be pressed.
According to the Merced Sun-Star, the Merced Police Department is now investigating two officers who responded to a domestic disturbance call that resulted in 40-year-old Gregory Williams spending six days in jail without charges.
Several witnesses back up Williams' claims, the newspaper reports. The paper obtained a short, grainy video that appears to show Williams, naked from the waist down, sitting handcuffed outside his apartment complex.
The Sun-Star writes:
[A]lthough the two lead arresting officers are white, and Williams is black, it remains unknown whether race was a factor in the incident. Those two officers remain on duty.
Williams said the officers never used any racial epithets toward him. Although he does believe race and class played a role in his arrest, he also feels the police just wanted to be "downright nasty" to him. "They did what they did because they can get away with it," he said. "They've been doing it so long, it doesn't matter who they do it to. They just think they can get away with it."
The incident began when police responded to a call claiming an argument had broken out at Williams' home. One of the officers involved, John Pinnegar, claims Williams' wife said Williams had hit her, a charge Williams denies. Police say when they tried to take his two-year-old daughter from his lap to hand her over to Child Protective Services, Williams resisted. That's when the violence allegedly began.
In an emotional video interview, Williams said: "I'm not a violent person, I do not have a criminal background."
Added Williams: "How much resisting am I going to do with no legs, no feet? How much resisting am I going to do?"
"Williams said Pinnegar unholstered his Taser, jammed it into his rib cage and shocked him twice. Williams said he fell from his chair onto his stomach on the ground outside his doorway," the Sun-Star reports.
Williams also says an officer put his knee on Williams' neck after he was already on the ground, even though "I can't get up now -- I don't have any feet to get up with," Williams said.
He added: "And they tell me that I'm doing stupid stuff in front of my kids? These are cops and they come in my house -- what if they had accidentally tased my kid because of their [stupidity]?"
The Sun-Star reports that a "hostile" crowd gathered around the apartment building during the incident. The "apartment complex came to a roar because they were tasing a guy in a wheelchair and it was for no reason," said one witness interviewed on video.
Williams was arrested on suspicion of domestic violence and resisting arrest. He spent six days in lock-up before he was released, and the county prosecutor has laid no charges.
Williams has been a double amputee since 2004, when he was diagnosed with deep-vein thrombosis that led to gangrene in his legs.
The video can be found at The Merced Sun-Star.
Other Information:
http://www.bostonherald.com/news/national/west/view/20090921did_california_police_use_a_taser_on_an_unarmed_legless_man_in_a_wheelchair/srvc=home&position=recent
According to the Merced Sun-Star, the Merced Police Department is now investigating two officers who responded to a domestic disturbance call that resulted in 40-year-old Gregory Williams spending six days in jail without charges.
Several witnesses back up Williams' claims, the newspaper reports. The paper obtained a short, grainy video that appears to show Williams, naked from the waist down, sitting handcuffed outside his apartment complex.
The Sun-Star writes:
[A]lthough the two lead arresting officers are white, and Williams is black, it remains unknown whether race was a factor in the incident. Those two officers remain on duty.
Williams said the officers never used any racial epithets toward him. Although he does believe race and class played a role in his arrest, he also feels the police just wanted to be "downright nasty" to him. "They did what they did because they can get away with it," he said. "They've been doing it so long, it doesn't matter who they do it to. They just think they can get away with it."
The incident began when police responded to a call claiming an argument had broken out at Williams' home. One of the officers involved, John Pinnegar, claims Williams' wife said Williams had hit her, a charge Williams denies. Police say when they tried to take his two-year-old daughter from his lap to hand her over to Child Protective Services, Williams resisted. That's when the violence allegedly began.
In an emotional video interview, Williams said: "I'm not a violent person, I do not have a criminal background."
Added Williams: "How much resisting am I going to do with no legs, no feet? How much resisting am I going to do?"
"Williams said Pinnegar unholstered his Taser, jammed it into his rib cage and shocked him twice. Williams said he fell from his chair onto his stomach on the ground outside his doorway," the Sun-Star reports.
Williams also says an officer put his knee on Williams' neck after he was already on the ground, even though "I can't get up now -- I don't have any feet to get up with," Williams said.
He added: "And they tell me that I'm doing stupid stuff in front of my kids? These are cops and they come in my house -- what if they had accidentally tased my kid because of their [stupidity]?"
The Sun-Star reports that a "hostile" crowd gathered around the apartment building during the incident. The "apartment complex came to a roar because they were tasing a guy in a wheelchair and it was for no reason," said one witness interviewed on video.
Williams was arrested on suspicion of domestic violence and resisting arrest. He spent six days in lock-up before he was released, and the county prosecutor has laid no charges.
Williams has been a double amputee since 2004, when he was diagnosed with deep-vein thrombosis that led to gangrene in his legs.
The video can be found at The Merced Sun-Star.
Other Information:
http://www.bostonherald.com/news/national/west/view/20090921did_california_police_use_a_taser_on_an_unarmed_legless_man_in_a_wheelchair/srvc=home&position=recent
Monday, August 24, 2009
Officer Anthony Plummer Accused of Using Excessive Force on Councilman's Daughter
Cincinnati Police Chief Tom Streicher says an officer used excessive force when tasing a city councilman's daughter over the weekend.
Cincinnati Councilman Cecil Thomas says Chief Streicher has apologized for the incident.
Chief Streicher released video of the incident that led up to the early Sunday morning tasing of 26-year-old Celeste Thomas.
Investigators say 33-year-old Demetri Washington was driving at the time of the incident in Clifton Heights.
Officers pulled the vehicle over after Washington allegedly struck a garbage truck along West McMillan Street around 1:10 a.m.
A female officer asked Washington for his driver's license several times. He could be heard on the tape offering his social security information. The officer eventually had him step out of the car where he was taken into custody for an earlier felony warrant of burglary as well as resisting arrest.
During the arrest, Thomas gets out of the vehicle. She asks what's going on and officers order her back into the vehicle.
You can see a third police officer, identified as Anthony Plummer, arrive on the scene.
The two other officers ask him to keep Thomas away from them and Washington.
That's when you can hear Officer Plummer ask Thomas to get on the ground.
Thomas says my father is a councilman. What did I do wrong?
She's ordered to the ground again and warned she would be tased.
Chief Streicher says a preliminary investigation shows Thomas fell to her knees and put her hands in the air but was then tased by Officer Plummer.
Streicher says the tasing was excessive force.
Officer Plummer's police powers have been suspended until an internal investigation is complete. Plummer was investigated by the Cincinnati’s Citizen Complaint Authority in a 2006 complaint stemming from another Tasing incident in which use of excessive force was alleged. In that incident, Plummer was found to have used excessive force.
Thomas was processed at the Hamilton County Justice Center and then released. Washington remains jailed on a $53,000 bond.
Streicher says he wants the internal investigation to be completed by the end of the week.
Cincinnati Councilman Cecil Thomas says Chief Streicher has apologized for the incident.
Chief Streicher released video of the incident that led up to the early Sunday morning tasing of 26-year-old Celeste Thomas.
Investigators say 33-year-old Demetri Washington was driving at the time of the incident in Clifton Heights.
Officers pulled the vehicle over after Washington allegedly struck a garbage truck along West McMillan Street around 1:10 a.m.
A female officer asked Washington for his driver's license several times. He could be heard on the tape offering his social security information. The officer eventually had him step out of the car where he was taken into custody for an earlier felony warrant of burglary as well as resisting arrest.
During the arrest, Thomas gets out of the vehicle. She asks what's going on and officers order her back into the vehicle.
You can see a third police officer, identified as Anthony Plummer, arrive on the scene.
The two other officers ask him to keep Thomas away from them and Washington.
That's when you can hear Officer Plummer ask Thomas to get on the ground.
Thomas says my father is a councilman. What did I do wrong?
She's ordered to the ground again and warned she would be tased.
Chief Streicher says a preliminary investigation shows Thomas fell to her knees and put her hands in the air but was then tased by Officer Plummer.
Streicher says the tasing was excessive force.
Officer Plummer's police powers have been suspended until an internal investigation is complete. Plummer was investigated by the Cincinnati’s Citizen Complaint Authority in a 2006 complaint stemming from another Tasing incident in which use of excessive force was alleged. In that incident, Plummer was found to have used excessive force.
Thomas was processed at the Hamilton County Justice Center and then released. Washington remains jailed on a $53,000 bond.
Streicher says he wants the internal investigation to be completed by the end of the week.
Monday, August 17, 2009
Audra Harmon Sues Sheriff's Department for Tasering
A mother who was zapped with a stun gun in front of her children during a New York traffic stop has filed notice she’ll sue the sheriff’s department.
A police video captured by a dashboard camera shows Deputy Sean Andrews yanking Audra Harmon out of her minivan by the arm and knocking her down with two Taser shots in January.
Harmon was charged with disorderly conduct, resisting arrest and speeding. Her lawyer says prosecutors dismissed the charges after watching the videotape.
Harmon claims Andrews was improperly trained. She says a Taser isn’t supposed to be used against people who pose no threat.
In a notice of claim filed Thursday with the Onondaga (ahn-uhn-DAH’-guh) County clerk, Harmon accuses Andrews of wrongful conduct. She’s seeking unspecified monetary damages.
You Tube Video: http://www.youtube.com/watch?v=-Dik-mgCDcg
A police video captured by a dashboard camera shows Deputy Sean Andrews yanking Audra Harmon out of her minivan by the arm and knocking her down with two Taser shots in January.
Harmon was charged with disorderly conduct, resisting arrest and speeding. Her lawyer says prosecutors dismissed the charges after watching the videotape.
Harmon claims Andrews was improperly trained. She says a Taser isn’t supposed to be used against people who pose no threat.
In a notice of claim filed Thursday with the Onondaga (ahn-uhn-DAH’-guh) County clerk, Harmon accuses Andrews of wrongful conduct. She’s seeking unspecified monetary damages.
You Tube Video: http://www.youtube.com/watch?v=-Dik-mgCDcg
Friday, August 14, 2009
David Burke & James Guedry Indicted for Beating & Tasering Man
Two Beaumont police officers indicted Thursday on charges they improperly beat and Tasered a man during a routine traffic stop have been placed on administrative leave until the case is resolved, department officials said.
Officers David Todd Burke and James Cody Guedry were indicted by a Jefferson County grand jury on misdemeanor charges of official oppression in the Aug. 24, 2007, arrest of Beaumont resident Derrick Newman.
The charges carry punishment of as much as a year in jail and a fine of up to $4,000.
The officers, who were not available for comment Thursday, will be paid while they are on administrative leave.
Attorney Mitch Adams of the Combined Law Enforcement Association of Texas said his group will represent the officers.
The indictments disappointed the officers, Adams said.
Newman said the officers not only should receive the maximum punishment, but no longer should be allowed to continue their careers in law enforcement.
"The actions that the police officers made wasn't right. Their actions were unnecessary and uncalled for," Newman said Thursday after learning of the indictments.
"I feel vindicated now that the grand jury felt that I was right. They believed me," Newman said.
Officers David Todd Burke and James Cody Guedry were indicted by a Jefferson County grand jury on misdemeanor charges of official oppression in the Aug. 24, 2007, arrest of Beaumont resident Derrick Newman.
The charges carry punishment of as much as a year in jail and a fine of up to $4,000.
The officers, who were not available for comment Thursday, will be paid while they are on administrative leave.
Attorney Mitch Adams of the Combined Law Enforcement Association of Texas said his group will represent the officers.
The indictments disappointed the officers, Adams said.
Newman said the officers not only should receive the maximum punishment, but no longer should be allowed to continue their careers in law enforcement.
"The actions that the police officers made wasn't right. Their actions were unnecessary and uncalled for," Newman said Thursday after learning of the indictments.
"I feel vindicated now that the grand jury felt that I was right. They believed me," Newman said.
Wednesday, July 29, 2009
Enid Police Taser Nursing Home Patient
Police in Enid use a taser to subdue a 69-year-old nursing home patient. Investigators say the elderly man, Lester Harris, had become disruptive over the weekend. That's when staff at Enid Senior Care called 911.
When officers arrived, Harris supposedly hit one of the officers in the stomach. To get control of Harris, police twice used their tasers.
Harris' daughter says her dad suffered a stroke 2 weeks ago, and thinks police used excessive force.
"There's just so much that's wrong. Why taze a 70-year old man in a nursing home?" said Linda Ward.
Enid police defend their actions.
"We have to make sure the staff and officers are protected, and of course the person were arresting," said Lt. Eric Holtzclaw.
Harris was arrested for assault and battery on a police officer.
He's since been released on bond and is being kept at a hospital in Enid where he's doing fine.
When officers arrived, Harris supposedly hit one of the officers in the stomach. To get control of Harris, police twice used their tasers.
Harris' daughter says her dad suffered a stroke 2 weeks ago, and thinks police used excessive force.
"There's just so much that's wrong. Why taze a 70-year old man in a nursing home?" said Linda Ward.
Enid police defend their actions.
"We have to make sure the staff and officers are protected, and of course the person were arresting," said Lt. Eric Holtzclaw.
Harris was arrested for assault and battery on a police officer.
He's since been released on bond and is being kept at a hospital in Enid where he's doing fine.
Monday, July 27, 2009
Man Tasered in the Butt by Boise Police Plans to Sue
A man who was tased, and threatened with tasering between his genital and anal regions plans to sue the Boise Police Department for excessive use of force.
It all started on Feb. 14 of this year. Two Boise, ID police officers were called to a possible domestic disturbance between a man — the complainant — who had in fact just been released from jail, and a woman. A 3-year-old boy was also present.
The man was tasered, and subdued, but the complaint he filed involved being tasered between his buttocks and genitals. An ombudsman's report (.PDF) of the incident was completed by Boise Community Ombudsman Pierce Murphy. The report did not mention either the names of the suspect or the officers involved, but it did highlight this exchange:
Officer #3: Do you feel this?
Complainant: Yes, sir.
Officer #3: Do you feel that? That’s my -
Complainant: Okay
Officer #3: -Taser up your ass.
Complainant: Okay
Officer #3: So don’t move.
Complainant: I’m trying not to. I can’t breathe.
You can listen to an MP3 of the incident here.
While the report addresses the entire incident, it also clearly states that the suspect certainly was tased between the buttocks.
The evidence clearly proves that the Complainant was tased on the inside of his right, lower buttock. The Complainant had visible injuries there ten days after the incident. The same marks were photographed during a forensic medical examination conducted thirteen days after the incident.
Based on the preponderance of evidence, Officer #3’s second use of the Taser on the Complainant while he was handcuffed was neither reasonable nor necessary. For this reason, I have issued a finding of Sustained to this allegation of excessive force.
While the ombudsman did find that excessive force was used, he did not find that a criminal act took place on the part of the officer.
While the report indicates the officer has been disciplined, the complainant's attorney, Ron Coulter, noted that the officer is still on the job.
“I don’t think he should be back on the street, but then I’m not the chief of police. When you do things like he did I’m not sure that person’s even fit to wear a uniform.”
Coulter added that he plans to file a lawsuit, and that his client's name will be revealed then.
________________
Other Information: http://www.ktvb.com/news/crime/stories/ktvbn-jul2709-tort_claim.81153004.html
It all started on Feb. 14 of this year. Two Boise, ID police officers were called to a possible domestic disturbance between a man — the complainant — who had in fact just been released from jail, and a woman. A 3-year-old boy was also present.
The man was tasered, and subdued, but the complaint he filed involved being tasered between his buttocks and genitals. An ombudsman's report (.PDF) of the incident was completed by Boise Community Ombudsman Pierce Murphy. The report did not mention either the names of the suspect or the officers involved, but it did highlight this exchange:
Officer #3: Do you feel this?
Complainant: Yes, sir.
Officer #3: Do you feel that? That’s my -
Complainant: Okay
Officer #3: -Taser up your ass.
Complainant: Okay
Officer #3: So don’t move.
Complainant: I’m trying not to. I can’t breathe.
You can listen to an MP3 of the incident here.
While the report addresses the entire incident, it also clearly states that the suspect certainly was tased between the buttocks.
The evidence clearly proves that the Complainant was tased on the inside of his right, lower buttock. The Complainant had visible injuries there ten days after the incident. The same marks were photographed during a forensic medical examination conducted thirteen days after the incident.
Based on the preponderance of evidence, Officer #3’s second use of the Taser on the Complainant while he was handcuffed was neither reasonable nor necessary. For this reason, I have issued a finding of Sustained to this allegation of excessive force.
While the ombudsman did find that excessive force was used, he did not find that a criminal act took place on the part of the officer.
While the report indicates the officer has been disciplined, the complainant's attorney, Ron Coulter, noted that the officer is still on the job.
“I don’t think he should be back on the street, but then I’m not the chief of police. When you do things like he did I’m not sure that person’s even fit to wear a uniform.”
Coulter added that he plans to file a lawsuit, and that his client's name will be revealed then.
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Other Information: http://www.ktvb.com/news/crime/stories/ktvbn-jul2709-tort_claim.81153004.html
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