Posted on 03/11/2008 8:05:26 AM PDT by abb
A Vernal man shocked twice with a Taser during a traffic stop last year has accepted a $40,000 settlement in a lawsuit filed against the state and a Utah Highway Patrol trooper. The Utah Attorney General's Office announced the settlement between Jared Massey and UHP trooper Jon Gardner on Monday. "We think this is a legally defensible case because Trooper Gardner acted reasonably to avert a volatile and potentially dangerous confrontation on the side of a busy highway," said Assistant Attorney General Scott Cheney, who represented Gardner. "We recognize, however, that this is a close case." The settlement comes on the heels of a decision by Tooele County prosecutors earlier this month that determined Gardner's actions were not criminal. An internal UHP investigation also cleared the trooper. Video of the trooper zapping Massey, taken by the trooper's dashboard camera, came to prominence after Massey posted it on the Internet site YouTube. Since it was posted last year, it has been viewed more than 1.7 million times. Massey's attorney, Bob Sykes, said Monday the offer to settle the case was not the state's first and that his client decided to take it. Massey filed a lawsuit against Gardner in January alleging the trooper violated his civil rights when he zapped him during a traffic stop Sept. 14, 2007, on Highway 40 in Uintah County. Advertisement Click Here!
He was stopped for driving 61 mph in a 40 mph zone. During the stop, Massey argued with Gardner about his speed and then refused to sign the citation. Massey then got out of his car and followed Gardner to his police car where he was asked to place his hands behind his back. When Massey refused, Gardner shocked him. The suit said Massey fell screaming in pain after being shocked while Gardner taunted him by saying, "Hurts, doesn't it?" Massey struck his head against the pavement and was zapped a second time because he was unable to immediately obey an order to turn over on his stomach, according to the suit. "We thought the amount of force used was outrageous," Sykes said Monday. The settlement amount includes attorneys' fees. The Attorney General's Office says Massey has agreed to dismiss his lawsuit, all claims against Gardner and all potential claims against UHP, the Utah Department of Public Safety and the state. jbergreen@sltrib.com
http://deseretnews.com/article/1,5143,695260666,00.html
Utah to pay $40,000 in Taser settlement
By Linda Thomson
Deseret Morning News
Published: March 11, 2008
Jared Massey, the motorist who was shot with a Taser during a traffic arrest and who subsequently filed a lawsuit claiming the officer used excessive force, has accepted a settlement of $40,000.
Utah Highway Patrol trooper Jon Gardner used a Taser on Massey on Sept. 4, 2007, during a traffic stop outside Vernal. Massey refused to sign a speeding ticket and argued with Gardner, who ordered Massey out of the car. After Massey did not comply with commands to put his hands behind his back, Gardner used a Taser on Massey.
An unhappy Massey posted the videotaped incident from the squad car’s dash cam on YouTube, which prompted a huge outcry from the public. Some people even threatened violence against the trooper — which prompted Massey to issue a public statement calling for people to “have some common decency” and stop making threats.
The Department of Public Safety investigated the situation and cleared Gardner of any wrongdoing in handling an uncooperative motorist. He was, however, required to take a verbal communications course before returning to duty.
Massey pleaded guilty in Uintah County’s Justice Court to a reduced speeding charge and paid a fine of $107.
However, Massey later filed a federal lawsuit claiming Gardner had used excessive force against him.
“We think this is a legally defensible case because trooper Gardner acted reasonably to avert a volatile and potentially dangerous confrontation on the side of a busy highway,” said assistant Attorney General Scott Cheney, who represented Gardner, in a statement.
“We recognize, however, that this is a close case,” Cheney said.
The decision to settle was made by the Utah Attorney General’s Office, the UHP and the Utah Risk Management Fund, all of which agreed that this was the “best compromise to protect taxpayer resources.”
“This settlement was the most efficient resolution of what would be lengthy and expensive litigation of a strongly disputed claim,” Cheney said.
Massey was unavailable for comment Monday.
E-mail: lindat@desnews.com
Well, well, well......
I guess that the state of Utah and the COP WAS WRONG AFTER ALL.
That’s for all you jerks who defended the cop on that one.
It was the “Hurts, doesn’t it” and the second taze that got him the money.
Let me just say one other thing. The guy was speeding, deserved a ticket, got one.. but getting zapped by the taser was just the cop’s way of punishing the man.
That he refused to sign the ticket isn’t the cop’s problem... he had the fact that he handed the ticket to the guy on camera and on tape. That was SUFFICIENT and he would have been better off letting the guy go on his way.
His act was outrageous. The speeder wasn’t threatening the cop, merely refusing to sign a stupid ticket. I don’t have to SIGN anything, I don’t HAVE to put my signature on ANY piece of paper I don’t want to. No one can FORCE you to sign something - that is called DURESS and putting a law on the books to MAKE you sign something is nothing more than the government yet again, forcing it’s will on individuals.
So don’t tell me the cop wasn’t in the wrong. he WAS
Where’s the ‘Don’t tase me bro’ alert, LOL
Really????? Then why the payoff????
So what was the officer to do, allow Massey to knife, hit, shoot, kick, spit on him before defending himself? Would the cost of the officer’s life or limb have been enough to keep the state from issuing Massey a settlement? Should the cop not have acted human when he taunted the suspect by saying those outragous words, “hurts doesn’t it?”
Suspect rights over the rights of those upholding the law. That is what this settlement amounts to.
I guarantee that the settlement agreement specifically stipulates that the state of UT does not acknowledge any wrongdoing.
It's a tiny settlement amount and likely represents an amount that UT considers to be lower than the cost of continuing to litigate the case through judgment and appeals, etc.
The fact of a settlement does not constitute an admission of guilt in any way.
That’s for all you jerks who defended the cop on that one.
Agreed
$40,000 is one expensive “ride”.
It has become a bit too common for LEO’s to taser those that don’t obey their every command, even those that are not under arrest. Sort of like training a dog. What started out as a non-lethal alternative to using their firearm has become a way to keep their uniform clean. Start hitting their employer in the wallet and I think we’ll see this trend subside.
It's a tiny settlement amount and likely represents an amount that UT considers to be lower than the cost of continuing to litigate the case through judgment and appeals, etc.
The fact of a settlement does not constitute an admission of guilt in any way.
You are most likely right. Thats too bad it ended this way, but there is no other way for the police to protect himself from from a situation that could have otherwise gotten out of control and he used non-lethal force. Thats what tasers are for.
Let me just say one other thing. The guy was speeding, deserved a ticket, got one.. but getting zapped by the taser was just the cop’s way of punishing the man.
That he refused to sign the ticket isn’t the cop’s problem... he had the fact that he handed the ticket to the guy on camera and on tape. That was SUFFICIENT and he would have been better off letting the guy go on his way.
His act was outrageous. The speeder wasn’t threatening the cop, merely refusing to sign a stupid ticket. I don’t have to SIGN anything, I don’t HAVE to put my signature on ANY piece of paper I don’t want to. No one can FORCE you to sign something - that is called DURESS and putting a law on the books to MAKE you sign something is nothing more than the government yet again, forcing it’s will on individuals.
So don’t tell me the cop wasn’t in the wrong. he WAS
______________________________________________________
Bullshit. Sorry for the profanity but its fitting here. The driver got out of his vehicle and followed the cop to his patrol car. Big no, no. The driver was animated and in a heated anger. An inexcusable action sending all the wrong signals to the officer. The driver refused reasonable orders by the cop to ensure both their safety. BIG, BIG TIME no, no.
What was the cop to do, wait till he was knifed, hit, shot, spit upon before defending himself? He had no idea what type of mental stability this driver had and took appropriate action.
The driver is culpable in his own tasering. Both times. That may seem harsh, but he should never, never, never have gotten out of his car and followed the cop to his patrol car in a heated rage. This in the cop’s training, and rightly so, rasied the stakes of a dangerous and possible life or limb threatening situation. And all over a STUPID SPEEDING TICKET.
I’m with the cop, fully on his side. I want my law enforcement officers to know that they can do their job and not worry about living to see the next day.
The boot lickers are gonna gang up on you...because the popo can do no wrong...ever...never...they actually ARE above the law...and you had better just know your place and shut up.
On a more serious note...
I'm getting sick and tired of cop shows.
Too much of prime time viewing is all about glorifying cops. You can hardly get away from it any more. Well...there is the on/off button.
Makes me wonder what the agenda is.
I don't get it.
I do get it, actually...but I just want someone else to say the words...
Let me just say one other thing. The guy was speeding, deserved a ticket, got one.. but getting zapped by the taser was just the cop’s way of punishing the man.
That he refused to sign the ticket isn’t the cop’s problem... he had the fact that he handed the ticket to the guy on camera and on tape. That was SUFFICIENT and he would have been better off letting the guy go on his way.
His act was outrageous. The speeder wasn’t threatening the cop, merely refusing to sign a stupid ticket. I don’t have to SIGN anything, I don’t HAVE to put my signature on ANY piece of paper I don’t want to. No one can FORCE you to sign something - that is called DURESS and putting a law on the books to MAKE you sign something is nothing more than the government yet again, forcing it’s will on individuals.
So don’t tell me the cop wasn’t in the wrong. he WAS
______________________________________________________
Bullshit. Sorry for the profanity but its fitting here. The driver got out of his vehicle and followed the cop to his patrol car. Big no, no. The driver was animated and in a heated anger. An inexcusable action sending all the wrong signals to the officer. The driver refused reasonable orders by the cop to ensure both their safety. BIG, BIG TIME no, no.
What was the cop to do, wait till he was knifed, hit, shot, spit upon before defending himself? He had no idea what type of mental stability this driver had and took appropriate action.
The driver is culpable in his own tasering. Both times. That may seem harsh, but he should never, never, never have gotten out of his car and followed the cop to his patrol car in a heated rage. This in the cop’s training, and rightly so, rasied the stakes of a dangerous and possible life or limb threatening situation. And all over a STUPID SPEEDING TICKET.
I’m with the cop, fully on his side. I want my law enforcement officers to know that they can do their job and not worry about living to see the next day.
In Cal he would have got at least $6 mill.
A very proactive and quite reasonable posture....
...according to your logic.
If you watch the video, it’s obvious that the dirty cop pulls over in a manner that deliberately blocks the following cars view of a short portable speed limit sign and then pulls out and throws the lights on the very next innocent motorist who passes by. A few moments later, the dirty cop tasers the motorist when he asks to see the speed limit sign. $40,000 is too cheap. There needs to be a major investigation of the crooked speed trap operation going on in that county.
Exception: if you're Larry Craig.
Craig actually pled guilty in open court.
Yeah Right. 75% of Taser use is from a lazy LEO who rather inflict pain than do his job. The other 25% of tasering is used for its intended purpose.
Actually, if they thought it was a legally defensible case, they wouldn't have settled.
Yeah - but to a lesser charge than the police state originally accused him of. They still maintain their accusations of Craig within the media.
Thats not true at all. They dont use it to delight in inflicting pain.
Which immediately begged the questions...
So why was she tazered if she didn't use force?
A- “she argued with the cop”
So...what was she being arrested for that caused her to “
resist arrest without violence”?
A- “There were no other charges”
So...um...if she wasn't in the process of being arrested for a crime...um...why should she resist an event that wasn't happening in the first place?
A- “That's what we were wondering too”
So she was tazered for disagreement...without violence...and arrested for resisting arrest...an arrest that wasn't happening.
I had to clarify that with him and I still don't get it...
Arrested for resisting arrest...doesn't there have to be an original crime for which she was being charged and arrested? According to THAT scenario...anyone can be arrested for resisting arrest at any time with no cause...not original crime..
My head is gonna explode.
This was nothing but a speed trap set up for revenue enhancement, with a sudden drop from 65 to 40 with no previous warning. If the authorities put police officers into situations that cause public anger, it is the fault of those who permit unjust laws. Police officers should ask themselves if it is worth their while to enforce unjust and unpopular laws.
good. glad he got something. Being taser happy is not acceptable. I understand that most cops are tax collectors, but he should have used better judgement in collecting those taxes in this case.
GEEEEE, do you think that might be because he was ORDERED out of his car by the COP????? And told to walk towards the police car???? What was the guy thinking, following the orders of the cop, I guess in your world that is a big NO NO. I suggest you re-watch the video again, but this time turn up the volume and open your eyes while watching.
Let's see: $40K to make the case go away, or $120K to be vindicated.
Indoctrinating the public for the next step.
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The speeder was not under arrest or threatened with arrest prior to the tazing. The speeder was not being violent or threatening in any way. Since he was not under arrest he had the right to leave the scene any time. He had a ticket that is all, it isn't a broken law it is a violation of a regulation. Speeding 21 mph over the limit will not put you in jail it Will simply get you a fine, you don't punish with potential lethal force and painful at that for a regulation violation.
The cop could have warned the speeder that if he didn't get back in his car he would be under arrest but didn't do that. The cop was mad because the guy wouldn't sign the ticket, he even told the speeder that that was why he was tazed and the cop also told the wife the same thing, that is what cost him the $40,000.00. I hope the cop either gets fired or gets some intensive sensitivity training.
Cops are people, not special people. They serve the public, the speeder is part of the public and the public should be treated with respect and dignity.
When the copy couldn't get the signature he should have let it go instead of getting the guy out of the car.
The cop was an a—hole. I have a son that is a cop and he would be the first to agree with me.
The best thing to do when pulled over by a police officer for a traffic violation is to shut up and hand over the license, proof of insurance, and registration. The lawman has a gun, handcuffs, and an effective license to be as mean as he cares to be. It is foolish to provoke them by saying anything. It may be unfair and unjust, but unless you want physical pain, humiliation, and high court and lawyer costs, compliance is the best advice.
On a more serious note...
I’m getting sick and tired of cop shows.
Too much of prime time viewing is all about glorifying cops. You can hardly get away from it any more. Well...there is the on/off button.
Makes me wonder what the agenda is.
I don’t get it.
What was the cop to do, wait till he was knifed, hit, shot, spit upon before defending himself?
So he merely defended himself in advance?
ROFL.
lol... the officer wasn't being attacked. He tased Massey for not putting his hands behind his back. I nominate yours as most ridiculous post on the thread.
Yes, there is that. I’m just saying that actions speak louder than words.
I think every good cop would agree with that. It’s the horses behinds like this guy who mess it up for the rest of them. It’s reaching a point where the public is hesitant to trust cops at all anymore.
My point being the LEO went straight for the taser when he could have used other means of restraint. By no means was this cop in fear for his life. He was lazy to do his job as he was trained. In fact, he was reprimanded and sent for re-training. The question begs....what did the police do before the invention of the taser. This cop has some satisfaction with the pain aspect when he made the snide remark “Hurts, doesn’t it”.
There’s another group of people who use those same tactics.
Just sayin’
I stick by what I wrote and do not for a minute change anything nor apologize. Flame away, but actually I’d appreciate it if you just ignored me. Thanks.
As I understand the technicalities, the signature is a promise to appear to answer the ticket. If you don't sign, then you're refusing to agree to appear, so the recourse the officer has is to take you into immediate custody and bring you before a judge or magistrate to answer the ticket.
Your signature on the ticket is like posting bail. I wish more drivers understood this, so stupid confrontations over signing the ticket would be unnecessary.
This does...
“The Department of Public Safety investigated the situation and cleared Gardner of any wrongdoing in handling an uncooperative motorist. He was, however, required to take a verbal communications course before returning to duty.”
Police officers can get away with stuff ordinary citizens would be imprisoned for. The fact he was required to take a course before going back to work means that someone recognized that he was a danger to the public. Hopefully the course taught him something.
You are not legally bound to sign the ticket by law. It is the officer’s discretion in Utah. The episode was nonsense. Both exhibited bad behavior, but moreso the officer that wouldn’t listen and then got out of hand being a tough guy with his toy and then bragging about it.
I quote from your own excerpt:
"The Department of Public Safety investigated the situation and cleared Gardner of any wrongdoing"
Yeah, we went through this in another thread. The cop MAY take you into custody. In that state. In my state, they can pound sand. If I don’t go to court, I get a bench warrant. So, it’s a moot point signing anything.
In any case, FORCING someone to sign some, by law is unconstitutional. That’s making a law to take away rights. Someone ought to be seeing about doing a little court case about this problem, but it’s in another state. Let them deal with it.
The cop was STILL WRONG in tasering the guy. If I got stopped for speeding or whatever, I’d sign the ticket - because I don’t have an issue with it, but I think it is wrong to make a LAW to force someone to sign ANYTHING.
Once the ticket is written technically he is under arrest unless he post bail ie: signature bond. correct?
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