UCLA cuts Mr. Tabatabainejad a VERY fat check

Tabatabainejad v. The Regents of the University of California, U.S. District Court Case No. CV 07-00389 SVW (VBKx)

They've 'settled'. Obviously UCLA has imposed a gag-order on Mr. Tabatabainejad as part of the settlement agreement. "The two parties will have no further comment on the incident or the settlement." [LINK]

UCLA conducted an investigation that found that the officers' actions were within department policy, but they subsequently changed those policies (an obvious admission of at least some degree of guilty feelings).

Reading between the lines, it seems obvious that the settlement must be in the middle to upper end of the five-figure range. Perhaps it is less, perhaps it is (much?) more.

As a placeholder, US$75,000 is probably about right.

Financial Darwinism at work.

UPDATE: My guess was wrong. The settlement was reportedly - get this - $220,000. [LINK] Excellent.

So if a good solid tasering for no apparent reason is now worth $220,000, then how much for a unlawful taser-associated death? Attention insurance companies of North America - your clients' taser fiascos just became a whole lot more expensive.

$50,000 settlement for "appropriate" (?) taser use

Elon, NC, in what is reported to be its THIRD taser-use settlement [moth+light], is paying 55-year-old John W. Paylor a settlement of $50,000 in relation to an incident in June 2006. Elon Police Chief Lavell Lovette said she felt that the police actions during the incident were 'appropriate considering the circumstances.' [LINK]

So if it's $50,000 for an "appropriate" taser deployment, then how much is on offer for an inappropriate taser deployment where the subject survives, and how much if he doesn't survive (YIKES!).

"...As part of the settlement, Lovette said she agreed to review the use-of-force policy and add language specific to Taser use."


Elon, NC reportedly has a population of about 7000. [Wiki]

Three taser settlements.

Population 7000.

Geesh.

So where did the original Taser Use Policy come from?

Still friends with the stungun salesmen, are we?

Any taser-brainwashed heads roll yet?


Hey, I'm just asking questions...

Taser International settles with Steven Butler for $2.85 million

But this amount is under a confidentiality agreement, so don't tell anyone.

Mercury News [LINK]

SANTA CRUZ -- A Watsonville man permanently injured after he was shocked with a Taser nearly four years ago won a $2.85 million settlement against the stun-gun maker this summer, the first time Taser International has settled a product liability case, according to court documents. However, the company did not admit to any liability for the anoxic brain injury Steven Butler, 49, suffered after being shocked. Over objections by the company's attorneys, Judge Jeff Almquist declined Thursday to seal the court documents that divulge the dollar value of the agreement. Almquist said there's "therapeutic value" in leaving the court's business open to the public, even though those involved in the case signed a confidentiality agreement that forbids them from discussing the settlement. "The agreement seems to be the best that can be accomplished," Almquist said. Butler was drunk and off his psychiatric medication in October 2006 when he refused to get off a bus and a Watsonville police officer used a Taser X-26 electronic control device to subdue him. After being stunned, Butler went into cardiac arrest and stopped breathing. It took medical personnel 18 minutes to resuscitate him and, as a result, Butler suffered a debilitating brain injury. Butler has brain damage and no short-term memory; he also lost mobility and his motor skills decreased. He needs around-the-clock care and can't be left alone, according to court documents. His condition is stationary, meaning there's little chance Butler will recover, Almquist said in court.
Since the injury, Butler's brother, David, has been caring for him. Part of the settlement award will be put into a special-needs trust to provide the family with more than $4,700 a month to cover medical and other costs. The payment begins in September and is guaranteed for at least 20 years. "This resolution will allow the Butler family to comfortably care for Steve for the rest of his life," attorney Dana Scruggs, who represented the Butlers, wrote in court papers. Other money from the award will pay old medical bills and possibly purchase a home for Butler. A significant portion of the settlement will go to the family's attorneys, who spent more than 600 hours and $250,000 preparing the case for trial. During Thursday's hearing, Steven and David Butler sat together in the back of the courtroom. Outside of court, the brothers, thin men with matching mustaches, declined to talk about the resolution. Another of the family's attorneys, Nathan Benjamin, said "they're very happy to have this resolved." In a declaration filed by the court, Scruggs outlined the challenges in taking on the stun-gun company. Taser International claimed Butler had several pre-existing cardiac and health conditions that contributed to his injury. However, Scruggs said most of the scientific and medical research about the adverse effects of electric shock from a stun gun is directly or indirectly financed by the company. At the time of Butler's injury, the company had never lost a lawsuit. Attorney John Burton, who won a lawsuit against the city of Salinas and Taser International on behalf of the family of Robert C. Heston Jr., helped with case. Heston died after being stunned multiple times by a police officer armed with a Taser in February 2005. The Heston case, in 2008, marked the first time a stun-gun victim had won a product liability trial against Taser International. The legal team assembled for the Butler case compiled investigation, discovery, pleadings and research that filled 11 banker's boxes. They were prepared to go to trial in the spring, but the case was postponed and then settled.

Taser, taser, taser = stupid, stupid, stupid

A moth is not an intelligent creature. That's why a moth will spend an entire evening banging his wee little head into a light fixture over and over again. The idiot moth mindlessly expects the results to improve while he uses the same approach over and over again. Moths are stupid.

Here are some of the taser incidents (involving payouts) in Escambia County and Pensacola [LINK]:

• In 2007, the Pensacola City Council paid a $25,000 settlement to a man who was shot with a stun gun by Pensacola police officers during a traffic stop. The man was pulled over because an officer couldn't see the decal on his license plate. After arguing with police, the man was pulled from his car, shocked with the stun gun and arrested on charges of resisting arrest. The man later was found not guilty of resisting officers, and the traffic charges were dropped.

• In 2006, the Escambia County Sheriff's Office paid a $62,500 settlement to a man who said a deputy "had a smile on his face" when he shot him with a stun gun in 2003. The man saw officers making an arrest at his friend's apartment in 2003 and was shocked when he commented that officers were being rough.

• In 2004, Deputy Charles Raymond Dix was accused of using a Taser five times on a woman in a Walmart parking lot. Dix later pleaded guilty to depriving the woman of her civil rights and was sentenced to five years' probation. The Sheriff's Office paid a $250,000 settlement to the woman.

• In a 2003 case also involving Dix, the Sheriff's Office paid a $150,000 settlement to a man who was shocked with a Taser as he tried to comfort his wife after a traffic accident. Dix shocked the man four times in a parking lot during the incident but did not face criminal charges.

Extrapolate this to all the jurisdictions across the USA (and Canada), and it is extremely difficult to maintain the position that tasers are not a big problem.

Political decision makers and police leadership should really take advantage of the Canadian $3.7M Braidwood Inquiry. The Braidwood taser inquiry report made some logical and self-evidently correct conclusions, and provided numerous common-sense recommendations.

Or keep banging your wee little head against the light...

Taser International admits a litigation settlement for an injury during arrest claim?

The scent of blood in the water...

The second quarter expense includes a total of approximately $1.2 million related to one-time restructuring charges and a litigation settlement for an injury during arrest claim.

[LINK]

UPDATE

...offset by $1.2 million in Q2 of one-time restructuring charges related to reduction in force, as well as litigation settlement expenses for an officer injury claim.

[SeekingAlpha]

I think I know that incident. Shoplifter, ineffective taser, officer shot in face as a result of the taser being so unreliable. Is that the one? (Just guessing.)

Another taser "associated" death settlement

#199 - April 16, 2006: Billy Ray Cook, 39, Dublin, North Carolina

BLADEN COUNTY, NC (WWAY) -- It happened months ago, but we're just learning of a settlement between Bladen County and the estate of a man who died while in the custody of the Sheriff's Office. Billy Ray Cook died in April 2006 after deputies Tased him while trying to arrest him. Lawyers for his estate claimed they may have used the Taser as many as 38 times on Cook. North Carolina Lawyers Weekly reports earlier this year, before a federal judge could rule in the wrongful death case, the two sides agreed to a $325,000 settlement. [LINK]

A "Contributing Cause of Death"

San Jose officials Tuesday agreed to pay $70,000 to the wife and child of a man who died in 2005 after police jolted him with Tasers, marking the city's first settlement over a fatality linked to the stun guns. The settlement over the death of Jose Angel Rios, which the City Council approved unanimously, comes as mounting fatalities prompt questions about the safety of the devices, which police have rushed to adopt as a less-deadly alternative to handguns.

Five people have died in the city after being shocked by police Tasers since San Jose issued the electrical weapons to all officers in 2004. Two other lawsuits over deaths that followed police Taser shocks are pending, while another was thrown out of court. The Rios case was among two in which the coroner cited the stun gun as a contributing cause of death. "We're seeing more fatalities following their use, and it raises questions about whether they are as safe as the manufacturer claims," said Peter Bibring, staff attorney with the American Civil Liberties Union in Southern California. [LINK]

A "Contributing Cause of Death" and a settlement check for $70,000.

Put that in your denial pipe and smoke it.

Pittsburgh City Council approves $155K Taser-abuse settlement

Pittsburgh City Council has approved paying a nice six-figure settlement of $155,000 to settle a federal lawsuit brought by 53-year-old Daniel Hackett III, of Mount Lebanon. Mr. Hackett exercised his theoretical freedom of speech and criticized a city officer after getting a ticket for not using his turn signal on March 15, 2008. He complained that he saw someone run a red light and another man urinating in public, offering his opinion that the police should ticket people like that instead. For his trouble (and/or other reasons), he was taser-tortured and handcuffed, and charged with resisting arrest and disorderly conduct. Reportedly none of these classic cover-charges stuck (variously reported as being dropped or acquitted). Mayor Luke Ravenstahl expressed that he was frustrated by "the increasing trend of firefighters and police officers being involved in unacceptable incidents." [LINK][LINK]

A six-figure settlement for a reportedly non-injurious taser-abuse incident. Nice.

Taser deployment leads DIRECTLY to $75,000 settlement

Even ignoring the whole taser-death issue, the fact is that taser deployment settlements are coming thick and fast.

Today's news: Audra Harmon, tasered by Deputy Sean Andrews [LINK][LINK], may be offered $75,000 settlement. [LINK]

UPDATE - Settlement approved and will be fully funded by taxpayers. [LINK]

Taser-associated death results in probable $1.8 million settlement

#136 - June 13, 2005: Shawn Pirolozzi, 30, Canton, Ohio [LINK]

CantonRep.com (Dec 18, 2009) - ...A U.S. District Court jury earlier this year awarded Shawn Pirolozzi’s family $2 million stemming from his death in June 2005. City police subdued him with punches, kicks, pepper spray and a Taser gun. The award has been delayed while the city appealed the court ruling. A settlement for $1.8 million is close to being approved. ... [LINK]

I wonder if the settlement includes an apology?

[HT CM]

Deserves a six-figure settlement (minimum)

[IDIOT] Cincinnati officer faulted for using stun gun on [INNOCENT] teen [LINK]

CINCINNATI (AP) -- A police officer responding to a burglary alarm at a restaurant acted inappropriately when he used a stun gun on a high school student who didn't respond to the officer's commands to stop walking away from the scene, according to an internal investigation. Officer Andrew Mitchell fired the stun gun on Chris Bauer Jr. without first warning him, the report released Thursday by the city's police department said.

Bauer, 19, was walking in a parking lot with his hands in his pockets and his head down. He showed no signs he knew the officer was there nor displayed any signs of aggression or resistance, the report concluded. Bauer, who fell to the pavement and chipped a tooth, didn't hear the officer's commands because he was listening to his iPod, his attorney John Helbling said. Earphones and a portable audio device were found next Bauer, but Mitchell told investigators that he didn't think Bauer had been wearing the earphones. The issue was inconclusive [*], the internal report states.

[* No it isn't. If kids have iPods, then they're listening to them unless the battery is dead. This flimsy excuse is stupid, nonsensical and a flagrant attempt to find a reason to blame the victim. Yeah, good luck with that one.]

The review faults Mitchell for not verifying if a holdup had taken place and for failing to get a description of any suspects before telling Bauer to stop. A disciplinary hearing was scheduled for April 10. Kathy Harrell, a spokeswoman for the Cincinnati Fraternal Order of Police, said Mitchell did what he felt was necessary. "This officer at the time had information that there was a robbery in progress," [**] she said. "There's an individual that's leaving at a quick pace, not obeying their orders."

[** No he didn't have information that there was "a robbery in progress". He had information that there was an alarm. He should arrive promptly and investigate with an open mind. Not start shooting off his weapons like an idiot. 'Quick pace' is probably normal walking speed for many people. Lunatic excuses. Hey Harrell, why not stop being an apologist for the idiot officer that made a very serious mistake?]

Bauer, who also suffered cuts to his face in the fall, has memory loss and other problems, his attorney said.


I recommend a minimum 6-figure settlement simply because we need to get the point across to the thick-headed that such behavior is not tolerated. Even $1 million wouldn't be out of line; and would certainly get their attention. A token settlement in the 5-figures range would simply fail to convey the seriousness of this incident.

This incident also reveals the lies and propaganda regarding the all-too-common real-world application of tasers.

Lie: "They're only used against violent criminals"
Truth: "...nor displayed any signs of aggression or resistance..."

Lie: Just obey and you won't get zapped:
Truth: "...didn't hear the officer's commands because he was listening to his iPod..."


These sorts of outlandish examples are coming out faster than Taser's stupid press releases about the occasional success stories.

Reminder (23 June 2009) - Moberly settles Stanley Harlan taser-death for $2.4M

Given the recent $2.0M settlement for the taser-death of Michael Patrick Jacobs Jr. settlement by Fort Worth, TX, it's probably worth reminding everyone about the Stanley Harlan case...


"...by the hands of another..." (16 November 2008) [LINK]

The Randolph County coroner Gerald Luntsford has ruled that the August death of Stanley Harlan, 23, whom Moberly police shocked twice with a Taser during a traffic stop was a homicide. "A homicide only means that a person came to their death by the hands of another," Luntsford said today. [LINK]

[And what device was in those hands? A taser !!!]

Luntsford said he could not disclose whether the use of the Taser killed Harlan. "There’s no doubt it contributed to it," the coroner said...

Moberly, MO pays $2.4M - plus Taser Moratorium !!! (23 June 2009) [LINK]

Moberly, MO - Attorneys say a northeast Missouri city has agreed to pay $2.4 million to survivors of a man who died after police fired a taser at him numerous times. Lawyers for the family of 23-year-old Stanley Harlan say the settlement with the city of Moberly was filed Monday in U.S. District Court in St. Louis. The agreement includes an indefinite moratorium on the use of Tasers by Moberly police officers. [LINK]

I told you that 2009 was going to be 'an interesting year' for Taser International.

Other jurisdictions might wish to consider this news carefully.




(Ahem...) Other jurisdictions might wish to consider this news carefully.

U of Cincinnati pays $2M in Taser death case

The University of Cincinnati will pay $2 million and suspend the use of Tasers by university police as part of a settlement with the family of a student who died after being shocked with a Taser. The settlement, obtained Wednesday by the Enquirer, also requires UC to create a memorial for the student, to provide free tuition to his siblings and to send a letter to the family expressing regret over the incident. The student, Everette Howard Jr., died Aug. 6, 2011, after a confrontation with a UC police officer. A coroner’s investigation could not determine the cause of death, but Howard’s family and expert witnesses blamed the shock from the Taser. ...

[LINK]

My advice is...

I was recently contacted by someone that told me their story of an incident where they were being beaten up, and when the police arrived they were then repeatedly tasered. If the story is reasonably accurate (and I have no reason to think that it isn't accurate), then the police are so into the wrong side that they can't even see the moral high ground from their position.

My advice to my correspondent was to immediately find the best lawyer in town; one that will work on a percentage basis. I advised that my new friend be 110% honest in every detail with the lawyer. And, of course, sue the bastards.

Sue for an amount that will remain appropriately-large even if negotiated down. Large enough to make headlines. Large enough to send a crystal clear message.

I also advised offering a moderate discount if the settlement cheque is accompanied with an explicit, unequivocal, heartfelt, public apology and admission of wrong-doing. This advice is intended to have two results: add entertainment value for the plaintiff (watching the defendants squirm), and to add some humanity to what might otherwise become a pure legal and financial exchange.

Someone, somewhere - sitting in their little office - is going to be getting a lawyer's letter in the very near future. A letter that is going to ruin their entire year. A letter that will eventually result in their employer issuing a very large settlement cheque. Or a slightly smaller cheque accompanied by an open letter of apology.

$1,000,000 "...a litigation settlement for an officer injury during arrest..."

Stupid is as Stupid pays.

A source tells me that Taser International’s Annual Report for 2010 (Form 10K) includes the following tidbit:

...a charge of approximately $1.0 million relating to a litigation settlement for an officer injury during arrest claim, included in other expense...

So, if you're a Police Officer that has been let down by the unreliable and sometimes ineffective taser, leading to an on the job injury, the line forms here.

HTV

YouTube meltdown coming soon...

The brain trust at Taser is introducing a new walkie-talkie video-audio recording thingy gadget.

It's called ASSON or something like that. I guess after the phrase Asses On... (...flash memory, as opposed to video tape).

It's yet another device to hang onto the already-overloaded officers' belt.

If these well-equipped police officers ever fall face-first into a 4-inch deep puddle after a short, staggering and ultimately unsuccessful jog chasing after a sprinting perpetrator, they'll probably drown due to the excess weight hung onto their belt. (Psst: You might want to consider a quick-release buckle for those belts.)

The actual long-term effects, completely unpredicted by Taser, will be:

• This ASSON system will force YouTube to install another bank of video servers into their underground lair beneath the hollowed-out volcano. A new coal-fired electric power station will be built just to supply the 'taser-abuse' section of YouTube.
  

• This ASSON system will provide vastly-improved evidence (of taser abuse, etc.) that will result in many more massive lawsuits, huge settlements, and some smaller jurisdictions actually going bankrupt.

Do you think that ASSON will help to solve the taser-abuse issue? No, of course it won't...

YouTube is ALREADY full of taser-abuse videos leading directly to huge payouts. The police in these famous cases abused their tasers already knowing that they were being recorded. In the heat of the moment, video recording doesn't seem to matter (perhaps because the taser training is SO bad). But video evidence will help the plaintiffs in securing a quick ~$40,000 settlement, or a much-slower, much-larger settlement.


In fact, I expect that there will eventually be some blow-back. Sooner or later some of the ASSON video will be used against Taser. A product failure caught 'on tape'. An immediate taser-associated death caught 'on tape' for the jury's benefit. The irony will be delicious.

Taser claims that the ASSON will 'protect truth'. To paraphrase the words of the fictional Col. Nathan R. Jessep [LINK], I'm not sure if Taser can "...handle the truth!"

Another stupid taser incident, another $50,000 settlement

MADISON (WKOW) -- The Madison woman who was tasered by UW police officers as they ejected her from a Badger football game at Camp Randall stadium will receive $50,000 in a settlement of a federal lawsuit. ... [LINK]

So who was in the wrong and who was in the right in this incident? Well, who is making out the cheque to who?

Another example of how the training that accompanies tasers is self-evidently defective (hey, judging by results!). They're taught that tasers are safe and effective and can be used freely on anyone for almost any reason.

Perhaps decision makers might wish to toss any policy guidance they might have received from the stungun salesmen, and review the findings of the $3.7M Canadian Braidwood Inquiry.

Family of Brian Cardell achieve settlement

The family of Brian Cardell has reached a settlement with the police [LINK]. Brian Cardell died immediately after being tasered. Tasers can and do kill.

Taser torture and death in American prisons

Lawsuit:

Charles Toll, was killed by a "cell extraction team" who dragged him out of his cell at the Riverbend Maximum Security prison [Nashville, Tennessee] ... "The Cell Extraction Team Defendants sadistically and maliciously pressed a Taser shield on Charles Toll's back for more than ten minutes while several members sat on the Taser shield, electrocuting and suffocating him." ... [LINK]

Charming...


And in other news...

A central Ohio county agreed Friday to dramatically reduce its use of stun guns following a lawsuit that alleged jailers regularly use them on inmates who pose no threat, including some who are disabled, pregnant or under the influence of drugs and alcohol. The proposed settlement with the Justice Department also requires Franklin County to stop using stun guns in almost all cases on inmates who are handcuffed or otherwise restrained. A lawsuit and Justice Department complaint had also alleged jailers use the guns to shock naked and restrained prisoners and to punish inmates for routine rule violations. ... [LINK]

Ah, that's nice. A 'settlement'.

We promise not to electro-torture prisoners quite as often.

One taser deployment costs $137,000

Another Thursday, another six-figure taser abuse settlement.

The Spokesman-Review, October 8, 2009 [LINK]

A Spokane County reserve fund will pay some $112,000 to Spirit Creager who was shocked three times with a Taser by Deputy Chad Ruff during a traffic stop in 2005. ... The county's risk management reserve fund will also pay $25,000 to Creager's teenage son who witnessed the... electro-torture. (h/t to It All Goes Here blog: [LINK])


Reading the entire story reveals that this was one of those incidents that would fit squarely into what some would promote as normal taser usage. It was certainly abusive, but not one of those incidents where it is obviously sadistic torture.

On a scale of 1-to-10, this incident was perhaps about a 6 (a guess based on limited information).


Decision makers and political leaders should take note. You either update your taser use policies, or be prepared to issue settlement checks that are now firmly in the six-figure range.

And with the half-decade latency of such proceedings (this incident happened in 2005), the trend from five-figures to six-figures can be expected to continue towards seven-figures.

You have a brain - use it.