Eastern District of California Blog

Fresno Taser Civil Rights Trial Update

Jurors in a civil lawsuit against the city of Merced and a Merced police officer who used a Taser on a legless man who did not have a weapon had an opportunity Wednesday to hear from the officer.

Officer John Pinnegar took the stand to testify about the September 2009 incident in which he used a Taser on Gregory Williams, 44, after responding to a domestic violence complaint.

Williams, a wheelchair-bound double amputee, is suing Pinnegar and the city, claiming his constitutional rights were violated by the officer.

Wednesday was the second day of the civil trial, which is expected to last four days.  Williams is seeking unspecified monetary damages. Williams claims that he suffered injuries and emotional distress from the episode in addition to the violation of his rights.

The defense doesn't deny that Pinnegar used the Taser, but maintains he was justified because Williams wouldn't comply with officers' orders after the plaintiff was told he was being arrested.

Merced Sun-Star, 7/10/13.

Taser Civil Rights Lawsuit Brought By Double Amputee Against Merced Starts Tomorrow

A civil trial is expected to begin Tuesday in federal court in Fresno in the lawsuit of a legless man who sued the city of Merced after a police officer used a Taser on him in an incident about four years ago.

The plaintiff, Gregory Williams, 44, claims Merced police violated his constitutional rights during an incident at his 2355 K St. apartment Sept. 11, 2009. Officers had responded to Williams' residence to investigate a report of a domestic disturbance.

Williams, a double amputee, alleges that during the incident a Taser was used on him without cause by officer John Pinnegar.

Merced Sun-Star,7/8/13

Read more here: http://www.mercedsunstar.com/2013/07/08/3101199/taser-lawsuit-against-merced-set.html#storylink=cpy

EDCA Suit Alleges Vallejo Police Tasered Man To Death

"Vallejo city police officers Tasered a man to death 'for several minutes' while he was restrained, his family claims in Federal Court."  Courthousenews.com, 6/19/12;  V.W. v. City of Vallejo, Civil Complaint.

Minors Claim Fresno Police Tasered and Drowned Dad

Fresno police drowned a man by Tasering and hogtying him, then sticking a garden hose "onto (his) face and mouth" when he pleaded for water, the man's two children claim in Federal Court.

The two minor children, I.R. and H.R., claim that in the summer of 2011 Fresno police restrained their father, Raul Rosas, at a friend's house while responding to a domestic disturbance call.

The children say their father was not armed and "had not committed a crime."

Courthouse News, 4/10/12; Civil Complaint, filed 4/6/12.

Fresno Jury Awards Merced Sheriff's Deputy $330,000 In Taser Suit

A federal court jury on Friday awarded more than $330,000 to an off-duty Merced County sheriff's deputy who was hit by a Taser shot by Chowchilla police officers who were responding to a 911 hang-up call.

Jurors awarded Domingo Leyro, the sheriff's deputy, $139,000 each from Chowchilla officers Jeff Palmer and Tyler Hormel, who were sent to Leyro's home on Aug. 7, 2007. In addition, the jury said Palmer -- whose Taser hit Leyro -- should pay an additional $7,500 in punitive damages.

The verdict came after a weeklong trial before U.S. District Judge Oliver W. Wanger in Fresno.

Fresno Bee, June 18, 2010

Fed Lawsuit Filed Over Stanislaus County Jail Taser Death

The family of a former sheriff's deputy who died after a struggle with jailers at the Stanislaus County Jail last year filed a civil lawsuit against the county and its sheriff in federal court this week, seeking $10 million in damages.

On April 11, 2009, jailers used Tasers and pepper spray to subdue Craig Prescott, 38, of Modesto during an altercation as jailers tried to move him to a safety cell. Prescott was taken to a Modesto hospital, where he was pronounced dead two days later.

In October, a district attorney's office investigation found that the jail deputies were not responsible for Prescott's death. That report described a struggle during which deputies shot Prescott with Tasers multiple times and used a pepper-ball gun as well.

Modesto Bee, 4/8/10

Man Subdued By Tasers Sues Folsom Police

Amid the debate over the use and possible abuse of Taser guns in Sacramento County and beyond, a lawsuit against Folsom and a number of its police officers was filed Wednesday on behalf of a man claiming lasting, debilitating injury.

Michael J. Daniels claims he was shot with a Taser for no reason and then handcuffed in a way that forced the prong further into his arm, penetrating a tendon and cutting through the top part of a nerve in his left wrist.

Sacramento Bee, 3/18/10

Modesto Bee's Coverage of Widespread Use of Tasers in Central Valley And Debate Over Their Safety

Today's Modesto Bee has a lengthy, featured story, including videos, that discusses the widespread use of taser guns among Central Valley law enforcement and covers the debate over their safety.  Watch Merced Sun-Star reporter and editor get tasered at link here.

In the past 10 years, law enforcement agencies in Stanislaus County have added Tasers to their arsenals. Almost every Stanislaus County sheriff's deputy and Modesto police officer carries a Taser.

Sheriff's patrol deputies used Tasers 43 times in 2007 and 74 times in 2009. Modesto police officers used the devices 65 times in 2007 and 146 times in 2009.

Industry reports suggest about 11,500 law enforcement agencies in the country have acquired about 260,000 "conducted energy devices" such as Tasers, according to a 2008 report by the National Institute of Justice.

Last year, three men died in custody at the Stanislaus County Jail after law enforcement officers used Tasers and other force to subdue them. In one of the three deaths, the Stanislaus County district attorney's office investigated the use of Tasers by Sheriff's Department personnel but found no wrong- doing. The investigations into the two other deaths are pending.

Merced incident scrutinized

Merced police also came under scrutiny after officers used a Taser in September on an unarmed man with no legs who was using a wheelchair. He recovered, but claims the officers used excessive force.

Sacramento Sheriff Defends Use of Tasers in Sac Bee Interview

Sacramento Sheriff John McGinness defended the Department's use of tasers in this interview in today's Sacramento Bee.   

Ninth Circuit Issues Important Ruling Limiting Use of TASERs

Here's the opening paragraph from yesterday's important Ninth Circuit opinion affirming the denial of qualified immunity for an officer who used a taser during a traffic stop in Bryan v. McPherson, which was authored by Judge Wardlaw, and joined by Judges Pregerson and Reinhardt:  

Early one morning in the summer of 2005, Officer Brian McPherson deployed his taser against Carl Bryan during a traffic stop for a seatbelt infraction. Bryan filed this action under 42 U.S.C. § 1983, asserting excessive force in violation of the Fourth Amendment. Officer McPherson appeals the denial of his motion for summary judgment based on qualified immunity. We affirm the district court because, viewing the circumstances in the light most favorable to Bryan, Officer McPherson’s use of the taser was unconstitutionally excessive and a violation of Bryan’s clearly established rights.

Today's Sacramento Bee calls it "one of the most comprehensive rulings yet limiting police use of Tasers against low-level offenders who seem to pose little threat and may be mentally ill."  The Bee also notes

There have been at least nine Taser-related fatalities in the Sacramento region, including the death earlier this month of Paul Martinez Jr., an inmate shot with a stun gun while allegedly resisting officers at the Roseville jail.

See My Blog's Taser link for my other Taser posts.