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News (Media Awareness Project) - US IL: 16 Wrongful Death Suits Brought Against Taser
Title:US IL: 16 Wrongful Death Suits Brought Against Taser
Published On:2005-09-18
Source:Peoria Journal Star (IL)
Fetched On:2008-01-15 12:43:41
16 WRONGFUL DEATH SUITS BROUGHT AGAINST TASER INTERNATIONAL

More than 7,800 law enforcement, correctional and military agencies
worldwide use Tasers as a non-lethal alternative defense weapon,
according to Taser International Inc. Based in Scottsdale, Ariz.,
Taser International is the only manufacturer of the device to date,
company spokesman Steve Tuttle said.

Despite the weapon's popularity, the company has been sued 35 times
in state and federal courts since 2003, according to the company's
Aug. 12 quarterly report.

There has been only one suit filed in the area, and that is in U.S.
District Court by Peorian Jason D. Malone. No cases have been
reported in Peoria and Tazewell counties involving Tasers.

Malone was "drive-stunned" by a Taser in his back when Peoria police
in January raided his apartment for drugs, according to federal court
records. When an officer attempted to check Malone's mouth for
drugs, he turned away, rolled onto the bed on his belly and started
to chew something. Malone refused to spit out what he was chewing.

"Fearing Malone was going to destroy further evidence," the officer
used a Taser to zap Malone in the back, reports said. The electrical
shock caused Malone to spit out "a substance, which field tested
positive for cocaine, mixed with chewed up plastic baggies,"
according to the report.

As a part of the drug case, Malone complained Peoria police violated
his Fourth Amendment rights by using a Taser on him during a search
for cocaine at his residence. In April, Malone filed a motion to
suppress the evidence, the drugs he spit up and police later seized,
because the officer violated his "privacy" as a result of the
"illegal search of his mouth" when he was shocked, court records say.

A federal judge has since denied the motion, citing "the use of the
Taser to remove crack cocaine from (Malone's) mouth potentially
minimized the risk of a toxic overdose from ingestion of the drugs
that (Malone) was chewing," as one of his reasons, court records
indicate. Malone is appealing the motion.

On Aug. 12, Malone pleaded guilty to possession with intent to
deliver more than five grams of cocaine. His sentencing hearing is
slated for December.

The suits facing Taser International include 16 wrongful death
lawsuits; 14 suits allege injuries during training procedures; and
four others claim injury occurred during arrest or detention. One
miscellaneous class action suit is still in its infancy, the report
said. The report also states three of the wrongful death suits have
been dismissed, while one is on hold.

"We've never lost a case, and we've never settled a case or do we
ever have any intentions of settling a case," Tuttle said. "We have a
94 percent field success rate, which is absolutely astounding
compared to other non-lethal use of force options. "But that proves
the point, there is no magic bullet," he said.
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