Lawsuit Filed Over Police TASER Use

6 years 7 months 4 days ago July 23, 2010 Jul 23, 2010 Friday, July 23 2010 Friday, July 23, 2010 10:27:23 PM CDT in News

COLUMBIA - A Columbia man filed a lawsuit Thursday against the two Columbia police officers for using a TASER on him during a traffic stop. The plaintiff in the case, Cadillac Derrick, claims officers John Logan and Tim Giger pulled him over in February of 2009 for not having a front license plate.  Derrick says in the complaint that after a discussion between him and Logan, Giger fired his TASER through the passenger side window.

Criminal charges were filed against Derrick for resisting lawful detention. A trial was held in March of 2009, ending in a hung jury. The same charges were filed again this week, but then dropped by the city prosecutor.

The civil lawsuit was filed Thursday by attorney Samuel Trapp on behalf of Derrick. The lawsuit acuses the two officers of violating Derrick's civil rights under the 4th Amendment, battery, assault and negligence. Derrick is seeking $1 million in damages.

Police refused to respond to KOMU 8 News requests for an interview, but Friday evening, Officer Jessica Haden released information stating Logan grabbed Derrick's arm after he refused to get out of his vehicle.  Police said Derrick then reached toward his waistband and the console, which is when Giger deployed his TASER.  Police said the close proximity didn't allow the TASER to have the desired effect.  Officers said they then struggled with Derrick for several minutes to get his hands behind his back and used pepper spray.  Police said Derrick refused medical treatment at the scene.   

 

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