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
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?
kinda like...
The beatings will continue until morale improves.
The cop told him to exit the vehicle.
But, I am still on the cops side on this one. The guy was a jerk, argumentative, refused to follow instructions, etc. etc.
Great example to his kids as well.
The cop also told him to put his hands behind his back. The officer pulled a weapon too early in the confrontation. That is why he was sent back for communication training.
Where does it say they admitted culpability?
This is what they said:
We recognize, however, that this is a close case,
The decision to settle 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,
$40,000 was cheaper then fighting it, pure and simple.
Do a quick google search of Utah Department of Public Safety...
http://www.google.com/search?hl=en&q=utah+Department+of+Public+Safety
Search returns...
“Supports law enforcement and fire officials...”
How did you think they were gonna rule?
They support LEOs!
In other news the fox was asked to investigate the case of the missing chikens...
By your standards we should simply take the fox's word for it because after all, he's the expert.
winner!
Your Right! cause it would have been much higher if it gone to trial.
What? The cop thought he was Kurt Russel playing Wyatt Earp?
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