Tasered Utah Driver Wins $40,000 in Lawsuit

[Chief USA]

Perhaps a few more law suit settlements with a few more zero's on the end may finally get these lethal weapons that are being used to torture and abuse the public taken away and banned from being used. \



Might also force police agencies to start using common sense and published procedures for incidents such as this like... ..... maybe calling for backup or applying some calm and respectful demeanor as well as remembering that the police ARE public SERVANTS not jack booted thugs who have unlimited rein to inflict terror and abuse.











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.





Deseret Morning News | Utah to pay $40,000 in Taser settlement

 

[2Bear]

.

$40,000. oo ... ... that's not even a slap on the wrist.

That's a pat on the back.



.

 

[JDiepstra]

If I was a cop and some guy wasn't obeying verbal commands and then put his hands behind his back while seated in his car I would have tazed him too.

 

[hammersley]

That officer should be

on some other duty.....

 

[2Bear]

If I was a cop and some guy wasn't obeying verbal commands and then put his hands behind his back while seated in his car I would have tazed him too.

I wouldn't have.

Could've killed someone with a heart condition.

I would have drawn my gun and told him to put his hands on the dash.



Backup (which should have been called)... could assist.



If he did have a gun... . by having my gun already out ..... I'd have the drop on him.





.

 

[scootergmc]

Chief, obviously from your other thread and your rhetoric here you're anti-cop. That's nice.



Why don't you just go ahead and post the "don't taze me bro" video. At least we'll have something to laugh at...

 

[kenny61]

I wouldn't have.

Could've killed someone with a heart condition.

I would have drawn my gun and told him to put his hands on the dash.



Backup (which should have been called)... could assist.



If he did have a gun... . by having my gun already out ..... I'd have the drop on him.





.

The taser doesnt effect heart rythm a drawn firearm would probably be worse if he did have a heart condition. I personally wouldnt want to stand in the side of a highway waiting for a back up unit to arrive it just isnt safe. and most department rules and regulations call for you to use a taser in this condition, all the libs get upset when you a pull a gun and the other person doesnt have one. The other tyhing about pulling a gun and then ordering someone to do something what do you do when they dont listen. . shoot them pull a taser on someone who doesnt listen you can taze them. tazers are lower on the use of force scale then physical force such as pulling someone from a car. so with out knowing exactly what that particular officers rules and regulations called for no one should say he shopuld have done this or that. his department cleared him so he did it right... some bean counter decided it would be cheaper to settle he just didnt add the fact that everbody who gets tazered in utah will now sue them. :{

 

[big jake 1]

Thanks Scooter, looks like you beat me to the punch.



I guess I will have to make sure the old rabbit ears are hooked up so that I don't miss watching the old CHIEF when he appears on an upcoming episode of



COPS



:-laf:-laf





big jake



THE FORD GUYOo. Oo. Oo.

 

[2Bear]

OK, perhaps I'll have to concede this one.



The tazer doesn't affect heart rhythm ?

I find that hard to buy..... but I'll take your word on it for now... . I don't know.



It's true... . we weren't there... so you can't say he shoulda' done this or that.



Shucks, ... ... wrong again.





.

 

[Bloomy]

Chief

Do you actually know anything about Taser's? Have you ever been Tasered? Do you know anybody that has? Do you know anybody that has died because of being Tazed? Or are you just another ignorant uniformed person that believes what the media tells them?

 

[Missouri Mule]

JDiepstra, As I read it Massey was out of the car when the officer ordered him to put his hands behind his back. Which Massey did not comply to. He could of let him go and put a warrrant out for his arrest. But at the time he probably thought it was better to taser him. I have no problem with that especially along side a road.

 

[hammersley]

JDiepstra, As I read it Massey was out of the car when the officer ordered him to put his hands behind his back. Which Massey did not comply to. He could of let him go and put a warrrant out for his arrest. But at the time he probably thought it was better to taser him. I have no problem with that especially along side a road.

and that's exactly why they're paying $40,000 for STUPIDITY!!! You can't look at that video and justify what Barney did..... and obviously the authorities couldn't either or else they would have lost a lot more..... that man was clearly a Non-threat... .

 

[kenny61]

anybody got a link to the video?

 

[kenny61]

OK, perhaps I'll have to concede this one.



The tazer doesn't affect heart rhythm ?

I find that hard to buy..... but I'll take your word on it for now... . I don't know.



It's true... . we weren't there... so you can't say he shoulda' done this or that.



Shucks, ... ... wrong again.





.

people have been tazered hooked to defiblirator no change, the amount of energy put out by a tazer is minimal compared to an ekg its like getting that electrical muscle stuff at physical therapy it only effects muscle mass between the two wires

 

[2Bear]

people have been tazered hooked to defiblirator no change, the amount of energy put out by a tazer is minimal compared to an ekg its like getting that electrical muscle stuff at physical therapy it only effects muscle mass between the two wires

Thanks for the post Kenny.

I am forthwith less ignorant ... . by a small drop.



I couldn't get the link to post here... . but just Google it "Utah Driver Tasered" and you will come up will all sorts of stuff.



Regards,



.

 

[2Bear]

anybody got a link to the video?

YouTube - Speeding Ticket Taser



Looks a wee bit over the top to me.



Ackhhh... . I see this link doesn't work... . j

ust Google it and you'll be able to find it... ... ... . Utah Driver Tasered.

 

[kenny61]

Theres a big difference between being ignorant and uneducated. actually according to websters there is no difference. wow thats 3 things i learned today... to bad i already forgot one of them!

 

[KevinSmith]

I think this really is a close case. When you're on the side of the highway and an officer is doing whatever (right, wrong, or sideways) that the highway is not the time or the place to argue. That is what the court system is for. Many people have taken citations to court and with the proper research and a few subpeonas for goverment records can win. I am not a fan of cops partuculiarly but they have a gun and a certification that says they know what they are doing. I also think anyone that would argue with a cop on the side of the road, instead of shutting up is probably an idiot. As citizens we should use our courts to our advantage. The reason we have courts are to appeal a wrongful citation. The real losers are the taxpayers paying this cops salary and this idiots settlement

 

[kenny61]

The way i see it... . The driver is the one who put himself in the situation and could have just accepted the ticket. . the cop seemed a little quick but one thing you never want anyone to do is get back in the car. I've seen a number of videos where either the cop let them or they made it back before they could be stopped only to pull a gun out of the vehicle... Its kinda like apocolypse now never get out of the boat... never let them go bak to the car. Now for a totally unrelated video... . YouTube - Wowww!!!!

 

[2Bear]

.

Yes... . you make a point there kenny61.

Watching the video, it seems that the cop was a bit over the line.....

But what is the poor Cop gonna do if the guy gets a gun? Very tough situation.



I believe in a solidly good police force.

I also believe that they are universally "underfunded".

But... . more spending should go on "Psychological Vetting" of the candidates... .

and more $ to... "practical, useful, useable quality psychological skills"... .

for the officers themselves.



All it takes are a few rotten apples to spoil the barrel.



As long as we have criminals... ... we need cops..... hat's off to em.

But we also need "Transparency" of law enforcement operations.

..... (hats off to the video camera).

Power of any type is potentially corrupting.



and yes... . there is a difference between Ignorance and Stupidity.

as the great American Will Rogers once said,

... . "We are all ignorant... ... . just about different things".



Cheers.