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.
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.
$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.
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.
Actually, if they thought it was a legally defensible case, they wouldn't have settled.
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.
The suit said Massey fell screaming in pain after being shocked while Gardner taunted him by saying, "Hurts, doesn't it?"
If this is true, then it isn't a "close case" and the state's getting off lightly.
“Just pay me, bro!”
So, all I have to do is bait a cop into zapping me for a quick $40K? Cool!
I saw that video. The officer doesn’t have the temperment to be in law enforcement. He had the bearing of a latent homosexual or someone with a deep rooted inferiority complex, sort of like Elliot Spritzer.
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.
Don't drive >60 in a 40, then you don't have to worry about being stopped in the first place.
Good start.
But the cop should have also been fired.
“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 cops better get a clue that their increasingly antagonistic attitude towards law abiding citizens is what’s becoming indecent. I understand the police have a far tougher job to do these days, but they are turning the american public increasingly against them and sooner or later it’s going to blow up in their face.
AAG Cheney is a liar, and this statement will no doubt follow his career, making his future road quite bumpy.
There was zip justification for this individual being violently electrocuted.
Speeders cause an enormous amount of death and destruction on the nation’s highways. This stupid decision inspires them to speed even more.