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Man hit with Taser sues police officers. Incident occurred after a traffic stop.
Columbia Tribune ^ | 07/23/2010 | Columbia Tribune

Posted on 07/23/2010 4:38:12 PM PDT by The Magical Mischief Tour

Two Columbia police officers are the focus of a civil lawsuit concerning an incident last year in which a man was tasered after a traffic stop.

Attorney Samuel Trapp filed the civil suit yesterday in federal court in Jefferson City on behalf of Cadilac Derrick, 23, of Columbia.

On Feb. 24, 2009, Derrick was driving his registered Suburu down Providence Road when Columbia police Officers Tim Giger and John Logan pulled him over, according to the lawsuit

A video posted on YouTube shows the incident captured by police cameras. The officers approached each side of the car, in which Derrick’s girlfriend Amanda Reed and her 3-year old child were passengers. Derrick handed officers his license and registration and asked why he was being pulled over. One officer can then be heard instructing Derrick to step out of the car.

Throughout, Derrick remained seated, and he asked for his license back. The other officer then fired a Taser through the passenger window. Derrick thrashed and fell from the car, then attempted to run. A resulting scuffle can be heard outside the view of the police car camera.

According to a copy of the lawsuit, the officers assaulted Derrick, “placing him in a chokehold, beating him with their fists and knees” and then sprayed mace into his left eye. Derrick was then arrested.

“The way that was handled was unbelievable,” Trapp said.

Criminal charges filed against Derrick for resisting arrest were dismissed this week. Trapp said the prosecutor couldn’t show Derrick knew why he was being detained.

The Columbia Police Department conducted an internal affairs investigation last year and found that the officers acted properly, Public Information Officer Jill Wieneke said.

She declined to comment on the details of the incident because the internal investigation was part of the criminal case, which has been dismissed, and the records were closed.

“At this point, because of the disposition of the criminal case, … we’re not at liberty to talk about it,” she said.

Because the results of that investigation would likely come up in the civil suit, she said, “it would be a disservice of the judicial process” to discuss it.

She added that the police department had not yet been notified of the suit this morning and that neither of the officers had been subpoenaed.

Trapp said for now, the suit is against the two officers and not the department. “When you attack a police department or the supervisor for liability, you have to show a negligent policy,” he said. “We haven’t made that decision whether we are going to add the Columbia Police Department or not.”

VIDEO AT LINK ABOVE


TOPICS: Business/Economy; Crime/Corruption; Government; US: Missouri
KEYWORDS: barneyfife; billayersfans; donutwatch; ihatecops; kapos; streetgangwithbadges
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1 posted on 07/23/2010 4:38:15 PM PDT by The Magical Mischief Tour
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To: The Magical Mischief Tour
The Columbia Police Department conducted an internal affairs investigation last year and found that the officers acted properly,

Evidentially, unlawfully detaining someone, then assaulting them when they question you why is considered acting properly by Columbia MO PD...

2 posted on 07/23/2010 4:40:01 PM PDT by The Magical Mischief Tour
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To: The Magical Mischief Tour

Cops beating up some guy just because they want to? Say it isn’t so!


3 posted on 07/23/2010 4:45:21 PM PDT by Eyes Unclouded ("The word bipartisan means some larger-than-usual deception is being carried out." -George Carlin)
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To: Eyes Unclouded

When this is over, it seems likely that Cadillac Derick will be Rolls Royce Derick.


4 posted on 07/23/2010 4:48:08 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: The Magical Mischief Tour

Is there more to this story?


5 posted on 07/23/2010 4:48:30 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: The Magical Mischief Tour

Wonder why the guy drove off after the initial stop?


6 posted on 07/23/2010 4:49:13 PM PDT by Eagles6 ( Typical White Guy: Christian, Constitutionalist, Heterosexual, Redneck.)
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To: The Magical Mischief Tour
"Trapp said the prosecutor couldn’t show Derrick knew why he was being detained."

Huh?

7 posted on 07/23/2010 4:51:02 PM PDT by Eagles6 ( Typical White Guy: Christian, Constitutionalist, Heterosexual, Redneck.)
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To: driftdiver
Is there more to this story?

Kid was arrested for questioning authority, charges were all dropped in court, civil suit for excessive force has been filed. What you see on the video is all there is to it...

8 posted on 07/23/2010 4:51:04 PM PDT by The Magical Mischief Tour
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To: The Magical Mischief Tour
When these devices were introduced and the public were conditioned to accept and pay for this additional equipment, they were touted as an alternative to deadly force. The manufacturers and agencies seeking the purchase rejected out of hand the possibility of their use like cattle prods or on the spot punishment for contempt of cop.

I see they have even discarded the initial admonition that if you taze someone, you had the duty to catch them, because they were going down hard.

The instructors at the friendly local P.O.S.T Academy are plaintiffs best witnesses.

9 posted on 07/23/2010 4:52:36 PM PDT by kbennkc (For those who have fought for it freedom has a flavor the protected will never know .F Trp 8th Cav)
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To: Eagles6
Wonder why the guy drove off after the initial stop?

Its not uncommon for officers to ask people who stop on a busy roadway to move up into a parking lot or an adjacent street with less traffic. That will also come back to haunt the officers in court, it also shows they were not that concerned about the driver and the reason for the stop was not very serious... further brings into question the escalation of the situation by the officers so quickly, 23 seconds...

For reasons that failed muster in court and paved the way for all charges to be dropped.

10 posted on 07/23/2010 4:54:20 PM PDT by The Magical Mischief Tour
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To: The Magical Mischief Tour

The guy should go to jail for being such a big baby. I realize it hurts like hell, but it’s over in a few seconds. Most people jiggle around for a bit, but this guy was way over the top. That woman should dump that wimp (of course, she should wait to see how much money he gets first).


11 posted on 07/23/2010 4:54:23 PM PDT by Krankor (Boy, giraffes are selfish, just run around looking out for number one, getting hit by lightning.)
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To: kbennkc

Agreed, they are billed as less lethal, FBI says they are to be used just prior to firearms on the Use of Force Continuum.

And not as “Compliance Devices” as they are widely used today...


12 posted on 07/23/2010 4:56:19 PM PDT by The Magical Mischief Tour
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To: Krankor
The guy should go to jail for being such a big baby.

And the cops should all get medals, no doubt...

13 posted on 07/23/2010 4:57:20 PM PDT by The Magical Mischief Tour
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To: Eyes Unclouded

Oh, I got a pretty good idea what set the cops off.


14 posted on 07/23/2010 4:58:50 PM PDT by Wolfie
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To: Eyes Unclouded

15 posted on 07/23/2010 5:01:17 PM PDT by The Magical Mischief Tour
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To: Krankor
The guy should go to jail for being such a big baby.

I think he is a hero. He will probably be harrased further because he is suing, but you have to keep the pressure on authority to keep them in line.

The price of freedom is eternal vigilance.
16 posted on 07/23/2010 5:01:38 PM PDT by microgood
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To: The Magical Mischief Tour
"Its not uncommon for officers to ask people who stop on a busy roadway to move up into a parking lot or an adjacent street with less traffic."

Is that what happened? It's not referenced in this story. Poorly written.

17 posted on 07/23/2010 5:01:58 PM PDT by Eagles6 ( Typical White Guy: Christian, Constitutionalist, Heterosexual, Redneck.)
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To: Eagles6
Wonder why the guy drove off after the initial stop?

I read the article several times ... where does it say he drove off after an "initial" stop?

18 posted on 07/23/2010 5:03:04 PM PDT by doc1019 (Martyrdom is a great thing, until it is your turn.)
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To: The Magical Mischief Tour
If this situation is as it appears, those two police should be sued until
they have not one penny left. Neither one of those ‘big boys’ could
detain the young guy with using tazers? I would be looking for blood.
Maybe better... use that technique on them for about 23 seconds.

And we wonder why police are being hated more and more?

19 posted on 07/23/2010 5:03:04 PM PDT by Razmataz
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To: Eagles6

No, it DIDN’T happen. They shot Derick into convulsions right on a busy street. Krank-case should have it happen to her in the same kind of location.


20 posted on 07/23/2010 5:05:10 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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