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
What a bunch of crap. That cop was pissed off and a freaking coward. He was going to arrest the guy for not signing a ticket. He was a power hungry asshole who should be thrown in jail for assault and fired.
Too bad this cop wasn’t fired. I’m sure the cop was trained about folks being pretty ticked off when they get a speeding ticket and how to best handle the situation. I doubt arresting someone is part of the plan. I’d hate to see how the cop handles himself in a dangerous situation. He lost complete control and should not be in a position of authority especially when snap judgments could mean life or death.
OMG LOL!!!
You remind me of the type of guy that lawyers love to have on a jury.
I plead guilty to stereotyping the driver the way many here have the trooper.
My guess is Daddy bought him his SUV and his kid is the starting pitcher on the Little League team...or there'll be hell to pay.
You sound like the kinda guy who backs dirty cops and approves of abusive action by authority because they were not properly respected as they think they should be.
From the video it seemed clear they were on a major highway where speed limits tend to be 60 miles an hour. It also appears there were temporary signs up stating the MPH was now 40. The young driver and his pregnant wife obviously didn't see those 3 foot speed limit signs and the guy said he wasn't going to sign the ticket until he was shown the temporary sign.
the cop should have told the kid that signing the ticket didn't mean it was an admission of guilt, just that he had been issued one. If he would sign it then he could follow the cop back around to the previous sign and see for himself.
The cop was obviously pissed his authority was questioned. If he was going to arrest the vicious thug he should said so.
I will look for you another great thread here on FR where a NO cop takes young brazen handcuffed drunk lady into a room and leaves her in a pool of her own blood for making him angry and not respecting him enough. You will love that one. She really got what she had coming to her.
Don't bother. You're not one that warrants further conversation.
LOL. probably true!
$40,000.
who said you can’t get rich posting videos on YOUTUBE?
The officer could have easily handled the situation differently before it ever got to the point of tasing the man. That’s the point. Why don’t YOU try being intellectually honest about the situation BEFORE the tasing happened.
The first taze was justified. The attitude and the second was not.
Save the snide comments for someone else, as I directed no anger or insulting comments at you.
Instead of taking a shot at me, accusing me of being dishonest, explain to me what the cop did that justified the guy's rude and uncooperative attitude?
I saw nothing from the cop that indicated improper behavior, prior to the tazing.
I wasn’t taking a shot at you, if I had, I wouldn’t have missed. You simply are not being honest. You are basing the tasing only on “after the fact”. Prior to, the cop “copped an attitude”. The cop was wrong. Period. And so are you if you believe he was “within the law”.
If he was right, why are they settling out of court again?
a sudden drop from 65 to 40
*************************************
In Florida and most states that I’m familiar with there can be no more than a 15mph difference from one posted limit to the next on any road, if there was a 25mph difference the lower limit was invalid and is unenforceable..
REALLY? Houston Sheriff office could use the it. Just last week they "settled" a 1.4 million lawsuit for violating the civil rights of two brothers. Two where videoing a neighbor drug bust from their own property and the cops came over ripped the camera right out of his hands while pulling the film out. The officers were promoted. The DA lost his job because of not investigating but during the deposition his emails revealed a Spitzer moment.
Prior to, the cop “copped an attitude”. --So? The guy was admittedly doing 58 in 40 zone, probably a construction zone (temporary speed signs). The cop was 100% justified to pull him over and if he "copped" an attitude does that justify the other guys lack of cooperation?
And so are you if you believe he was “within the law”.Was the cop arrested and charged? No.
If he was right, why are they settling out of court again? See post 55 and others. asked and answered.
I note you did not answer the question, in that how should the cop have handled it differently. But from your comment, regarding the cops 'attitude', you seem to imply that he should have been more deferential to this guy. Do you really think that would have caused the guy to cooperate?
Maybe so, but I think not.
My basic problem with this incident and so many others like it, the problem seems to start when the civilian either argues, or does not listen to the cop. If people would cooperate and take their story to the judge they would have a far better chance of being successful and a far lower chance of some incident occurring.
The DA did not lose his job because of not investigating but during the deposition his emails revealed a Spitzer moment.
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