Amidst one of the largest political and social crises in American modern history, there is a medical crisis as well. While the USA battles the silent killer of opioid addiction with one hand, it fights back against the COVID-19 pandemic with the other. Add in the spark of racial tension and inequality that is rife across US society, and it is easy to see where the concerns are building from across American culture. This has led to mass protesting, and often been met with heavy-handed response from law enforcement and civil obedience groups.

Over time, this has led to a stark increase in the number of times that stun guns are being used. Stun guns and tasers are commonly used by police today, often used to stop someone resisting arrest or to stop someone mid-offense.

However, as reports show, stun guns and tasers are often used with reckless abandon. This has led to a large uptick in the number of people being injured, even killed, with the use of such weapons. When used in the right way or when operated to excess, stun guns can be used as a lethal form of force. People who have been harmed by police officers using stun guns that have gone to excess are now able to file an excessive (or deadly) force lawsuit against the law enforcement officials who use such a practice.

Depending on what has taken place on a case-by-case basis, there is the chance for civil lawsuit success. This could involve a suit against an individual, the department, or even the government of the county or state itself. In fact, some have even taken up cases against the manufacturer of the weapon itself. A victim can sue the officer, the department, or the wider government if they feel that such an action would be justified.

What does this mean?

Almost five hundred lawsuits against police stun gun usage have been filed in the last two decades – this is taken from around one thousand cases. This means that some believe that one in two cases are unlawful, excessive, or malicious.

Given the high-profile cases being seen in the press and by the public, there is likely to be an increase in the number of cases that are looked at in legal courts. Most of the time, the push will be to look at abuse of the constitution, or abuse of civil rights. This can see claims filed on a regular basis against officers who have been extrajudicial in their use of such weaponry, as well as those who have been negligent or otherwise lacking in care when using such an item.

There are various experiences of people finding success in the courts, too, especially when a freedom of information request is used to grab body cam video and dash cam footage to be used. In a world where so many people are put in unlawful situations, being able to find some form of justice – regardless of who the perpetrator is – is an essential part of American life.

Citation

https://www.natlawreview.com/article/suing-police-stun-gun-injuries-and-deaths

Look around America today, and you see a nation that is not at ease with itself. Mass protests are commonplace across the country as Americans fight back against long-term injustice, economic uncertainty, and general hardship. However, one issue that has become a major talking point is the police response to protests and other forms of civil disobedience. Sometimes, the response can be too intense and it can lead to collateral damage.

For example, sometimes even those not taking part in the protest can become victims of collateral damage. Driving to Target to buy a present for her son, Yasmine Morales was not involved in the 30^th May protests. Morales, 26, has filed a suit of $10m against the City of Los Angeles. This comes after she was shot in the face with a rubber bullet whilst sitting in her car near the demonstrations that were taking place.

Having simply been driving through and near The Grove shopping centre in the city, her attorney said that she was heading to Target to buy a present for her son. As she was driving, she had to stop at an intersection due to the protest. It was this point that Morales alleges that an officer intentionally took aim and fired at her. The officer, who was unidentified but was in a marked patrol car, fired a rubber bullet through the open car window. Morales was hit in the forehead, and suffered damage.

Her lawyer, Neama Rahmani, said that the officer “took deliberate aim” and that there was “no defense for that brutality.”

Rahmani says that her client may have suffered from long-term, or even permanent, injury. Rahmani continued, saying: “Traumatic brain injury, dizziness, she’s unable to walk without the assistance of a walker, so it’s been pretty difficult for Ms. Morales,” Rahmani told local station KCAL 9. “She’s a single mom just trying to make it just like the rest of us and obviously this has dramatically altered the course of her life.”

Footage is being investigated by the LAPD, and a request has been made for all body camera footage from officers to be turned over for checking.

Citation

https://people.com/crime/calif-mom-struck-by-police-foam-bullet-while-driving-near-protests-has-brain-injury-lawsuit/

Being in prison often brings many risks, but we would never expect to be put at risk by the very officers in prison to protect us. However, a recent law suit brought against two officers of the law by Eric Magne, 37, shines a light on the potential incidents which could take place in the prison. Magne, 37, has brought suit against Deputy Michael Hansen and Georgetown Police Officer, Jon Geiger.

Brought to the U.S. District Court in Denver by attorneys Darold Killmer, Charles Crosse and Michael Lazar, the claims are quite extraordinary. Magne claims that his head was slammed against a cell-door head-first, causing a ‘traumatic brain injury’ according to the lawsuit.

At present, Magne is seeking unspecified compensation as well as punitive damages against Clear Creek County, CO as well as Geiger and Hansen. Geiger was sentenced to one year’s probation and also 60 days in jail on 10^th July, pleading guilty to a misdemeanor count of harassment in a case that came from the jailing of Magne, per court records.

Magne himself was arrested on October 29^th, 2016, in Georgetown. He was arrested for investigation into speeding and into drunken driving. He was fined on a reduced traffic charge for careless driving on July 18^th, 2017. Magne asked to be placed in a cell for protection. However, after the cell door was shut three times, it continued to re-open.

The claim is that, rather than help Magne keep the door shut, Geiger allegedly ran into the cell, grabbed Magne by the wrist, pulled him out of the cell and pinned him against the metal cell door. According to the lawsuit: “Defendant Geiger’s infliction of excessive force against Mr. Magne caused significant pain, fright, discomfort and trauma to him, and was well in excess of the force necessary to accomplish any legitimate law enforcement objective,”

Magne also claims that he was taken to the booking area by Hansen, and Magne explained that he was unable to control his saliva after a previous injury. Saliva apparently fell on the sleeve of Hansen during the fingerprinting exercise, and Magne tried to clean the saliva off.

However, the lawsuit claims that Hansen then grabbed Magne via the back of the neck, and swung his head clean into a metal door frame. He collapsed to the floor, according to the lawsuit, and his head began to bleed profusely. Hansen then allegedly pinned his head to the floor, and the two officers are then supposed to have jumped on top of Magne, according to the lawsuit.

Magne required 17 staples to close the wound, and also suffered permanent injuries to his brain as well as developing a seizure disorder afterward.

Approximately 1 new personal injury lawsuit is filed every 2 seconds throughout the United States, and the third most common claims are assault-related. Based on statistics, there is a very high number of assault claims each year, and there were over 2 million of them in 2010 alone.

Personal injury cases arise when a person suffers harm that is inflicted by someone else. It can be resolved through informal settlement, but will become a full-blown legal dispute when it is formalized through civil court proceedings.

But what if the injury came from the very people whom you were supposed to trust with your life? Do you have a chance of winning against individuals whose job is to uphold the law, including personal protection?

Tamra Welbig filed a lawsuit against the Brookings Police Department, claiming that they allegedly slammed her to the pavement and then falsely charged her with felony. The federal lawsuit centers on false arrest, excessive force, violation of free speech and violation of civil rights.

In a federal complaint, it was stated that officers’ Jordan McCaskill, Jordan Hansen and another cop was sent to the plaintiff’s apartment to provide medical assistance. At that time, Welbig was in the passenger seat of a Dodge Durango. When one of the officers stepped into her apartment to perform a search, she pulled herself forward to the seat, while telling the police officers that they are not permitted to enter her apartment.

It was at this point, when officers’ McCaskill and Hansen pulled her out of the vehicle, secured her arms to the side, and then pushed her to the ground. She was allegedly pushed with such force that it “caused her face to bounce off the concrete”. Even if she wasn’t resisting, Officer Hansen allegedly placed his full body weight and knee on Welbig’s back to handcuff her.

The two officers then proceeded to drag Welbig to the ambulance, with her feet scraping the pavement and bleeding as a result.

Due to severe physical pain and injury to her face, Welbig was taken to Brookings Hospital where she received treatment for her injuries.

The lawsuit claims that detaining Ms Welbig was “excessive and much more extensive than reasonably necessary”. It also alleges that the felony charges against the plaintiff were all fabricated to cover up the officers’ actions. There were no witnesses interviewed, and the sworn testimony given by another officer contradicts police reports.

Following the incident, Welbig was charged with simple assault against law enforcement, which should have been the other way around, based on her complaint. The arrest happened in 2012. She was acquitted of the assault charge six months later.

The lawsuit seeks compensation for damages, although there is no dollar figure specified.

The Brookings Police Department denied all allegations, only responding to say that defendants “are protected by the doctrine of qualified immunity”, making them immune from the lawsuit filed by the plaintiff.

What are the odds that an individual can win against police officers? With the right personal injury lawyer, those odds can be in favor of Tamra Welbig.

Reference

http://www.argusleader.com/story/news/crime/2016/06/28/lawsuit-claims-brookings-police-used-excessive-force/86465038/

The family of a student is suing Atlantic City police for a beating and mauling he took while outside of the Tropicana Casino. After the youth had some words with police at least four to five officers attacked him with fists, night sticks and even a police dog requiring over 200 stitches. Police claim the young man was resisting arrest.

According to ABC Local, “Court records show the K-9 officer has been involved had 15 prior complaints related to excessive force or assault, but he was exonerated in all those cases. That officer, Sterling Wheaton, still has five additional suits pending against him …

“…The mayor of Atlantic City called the video ‘disturbing’ and asked the state’s attorney general to oversee that investigation.”

A professor at the John Jay College of Criminal Justice commented upon seeing the video that the police dog was not necessary and constituted deadly force.