Two Recent Taser Deaths Renew Excessive Force, Safety Debates

A 35-year-old homeless shelter worker in Oklahoma City died recently after being shocked with a police Taser, renewing public debate about the appropriate use of non-lethal weapons by police officers. 

According to a press account, Milisha Thompson was already handcuffed and lying on the ground when she was shot with the Taser.  Police reports indicate that officers attempted to shock her five times, succeeding only twice.  Her husband, who also worked at the homeless shelter, denies that report and claims that his wife was shocked more than 20 times prior to her death.   He also says that she was initially subdued by police while trying to alert them to a crime, rather than committing one herself.  He is suing the city for $1.5 million, accusing the police department of excessive force, and failure to train officers properly.

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Attorney General's Office Scolded

U.S. District Judge Royce C. Lamberth accused the District of Columbia's Attorney General's Office of engaging in games in a wrongful arrest lawsuit an 18-year-old high school girl filed against a group of city police officers. The Plaintiff is represented by Patrick M. Regan and the law firm of Regan Zambri & Long.  Plaintiff was the victim of police misconduct and verbal abuse.   Plaintiff was then arrested when she attempted to report the police misconduct and request a jury trial for the citation she was inappropriately given. 

As reported by the Washington Post, Judge Lamberth said there was evidence, unrefuted by the city, that Dingle's attorneys have been trying for seven months to identify the officers so that they can serve them the suit, but they have been blocked by evasive tactics from the police and Attorney General's Office.  To view the entire story please click here.  

If you have questions concerning this subject, please contact Regan Zambri & Long or call our law firm at 202-463-3030. 

Police Misconduct: Excessive Force and Other Claims

The Civil Rights Act of 1871, now known as 42 U.S.C. § 1983, is one of the most important federal statutes in force in the United States. It was originally enacted a few years after the American Civil War, and consisted of the 1870 Force Act and 1871 Ku Klux Klan Act. The statute has been subjected to only minor changes since then, but has been the subject of voluminous interpretation by courts. Section 1983 does not create new civil rights. Instead, it allows individuals to sue persons in federal courts for civil rights violations. To gain federal jurisdiction, i.e., access to a court, the individual must point to a federal civil right that has been allegedly violated. These rights are encoded in the U.S. Constitution and federal statutes. 

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High Speed Police Pursuits

A disturbing number of individuals each year are seriously injured or killed as a result of high speed police pursuits.  In the majority of the cases, those injured or killed are innocent pedestrians or other drivers.  In many cases, the harmed parties are entitled to compensation.  A variety of legal claims maybe appropriate including constitutional claims as well as standard tort actions.

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Taser (Stun Gun) Use by Police

As we previously reported, the Justice Department is investigating over 30 deaths caused by Tasers or "stun guns," used by police departments across the country. 

Taser guns are used by some area police forces.  Arlington County, Prince George's County and Montgomery County are a few local forces that have implemented the use of these "less than lethal" weapons.  On the other hand, the District of Columbia  does not use them and has no immediate plans to begin using them. 

The Taser works in one of two ways.   It can be used at close range by making direct contact with the body or it can be used from a distance.  The Taser is capable of firing its two electro-magnetic prongs up to 15-20 feet.  The prongs have barbs attached, which adhere to the suspects clothing during the shock, which lasts about five seconds.

On NBC4's website, you can view a video of an officer who was voluntarily shocked with one of these weapons. 

Tasers - Less than Lethal?

You've probably heard of tasers (or "stun guns") and you may have even seen some television personalities get shocked by them and live to tell about it.  But did you know that the Justice Department is reviewing the deaths of 180 people killed by these "less than lethal" devices in the last four years or so?

The study could take up to two years and the Justice Department is not urging any limits in the deployment of these electro-shock guns, writes Kevin Johnson of USA TODAY.  Among the factors being considered by the study are the ages, weight, physical impairment, and drug use of each of the victims.

Taser International, the company that manufactures and distributes the guns to some 7,000 law enforcement agencies nationwide, is named a defendant in at least 49 lawsuits nationwide alleging wrongful death and personal injury.