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  1. #1
    jmur5074's Avatar
    jmur5074 is offline Moderator
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    Utah Trooper being sued for Tasing non-compliant motorist

    SALT LAKE CITY The man who was Tasered and posted it on YouTube has now filed a federal lawsuit against the Utah Highway Patrol trooper who shocked him.

    The lawsuit was filed Friday afternoon against UHP Trooper Jon Gardner, who pulled Jared Massey over for speeding on Sept. 14 on U.S. 40 near Vernal. It accuses him of excessive force and seeks an unnamed amount in damages.

    "There was no need for Gardner to Taser Massey because Massey was non-violent, not threatening in any way, not fleeing and not resisting arrest," the lawsuit states.

    Massey declined to comment on the lawsuit when contacted by the Deseret Morning News on Friday. In past interviews, he has said he didn't want to sue but wanted the trooper's superiors to decide if the conduct was appropriate.

    In a Nov. 27 letter filed with the lawsuit, Massey called for Gardner to be "justly punished" by the UHP.

    "I also request that those who have participated in the cover-up of this misconduct to be disciplined," he wrote, "and that other actions be taken to assure the public that this type of abuse by a highway patrol officer will not be allowed to occur and will not be covered up if it does occur in the future."

    Frustrated that authorities were taking too long to investigate his complaint, Massey had the dash-cam recording of the traffic stop posted on YouTube in November. It became an international hit -- being viewed more than 1 million times.

    In a version of the infamous traffic stop described in court papers, Massey disagreed that he was speeding, but wound up with a citation anyway. He refused to sign it because he wanted to see the speed limit sign.

    "Signing a citation is not required under Utah law," Massey's lawyer Robert Sykes wrote in the lawsuit. "Gardner could have left the citation with Massey with the exact same effect as having Massey sign it."

    Instead, Massey was ordered to exit to the vehicle, "as if to allow Massey to show him what he meant," the lawsuit said. Gardner walked to his cruiser as Massey left his SUV.

    "Gardner never advised Massey, prior to Massey's exiting the vehicle, that he was under arrest, or that Gardner intended to put Massey under arrest after he exited the vehicle," Sykes wrote. "After Massey exited the vehicle, he walked calmly toward the officer's cruiser, pointing to the sign down the road with his left hand, and stating that he did not think he had been speeding prior to the 40 mph sign."

    "While Massey was pointing forward with his left hand, his right hand was at his side, with the thumb hooked inside of his right pant pocket, but the right hand outside the pocket."

    The lawsuit accuses Gardner of "belligerently" demanding that Massey turn around and put his hands behind his back. On the dash-cam tape, Massey is heard asking "what's wrong with you?" As he walked back toward his SUV, Massey was Tasered. He shrieks and then falls back onto the roadway.

    "This stunned Massey, who fell hard on to the highway, screaming in pain, while Trooper Gardner tauntingly said 'hurts doesn't it?'" Sykes wrote. "Massey struck his head very hard on the pavement, which was due to the fact that the Taser causes a complete loss of the ability to maintain muscle control, causing an individual to drop like a free weight."

    The lawsuit accuses Gardner of chiding him, then threatening Massey's wife if she didn't get back in the SUV. After he was handcuffed and arrested, Sykes accuses Gardner of lying to another officer who arrived on scene.

    "Trooper Gardner falsely told this officer that he warned Massey that he was going to be arrested and Tasered if he did not comply with his requests," he wrote.

    The lawsuit does not specifically name the UHP as a defendant, but said that he was acting in his job capacity as an employee for the Utah Department of Public Safety. The UHP has repeatedly refused to make Gardner available for interviews.

    UHP spokesman Jeff Nigbur told the Deseret Morning News they were not directly commenting on the lawsuit.

    "We need to let it take its course through the system," he said. "We'll just wait and see what happens."

    An initial DPS investigation ruled that Gardner was justified in using the Taser on Massey.

    "We still stand by our initial decision after we investigated the case," Nigbur said. "And that is, he was reasonable and justified."

    Copyright 2008 Deseret Morning News

    I'm sure you all remember this, but here is the video for those that don't.

    http://www.youtube.com/watch?v=NH_qVJfaYZA
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.

  2. #2
    Car 4's Avatar
    Car 4 is offline CID Chief
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    Fricking guardhouse lawyers out on the street. Every one of them knows more about your job than you do.


    Car 4
    I would like my country back. I used to believe that one man could never destroy this country. Not so sure anymore!

  3. #3
    CW Mock's Avatar
    CW Mock is offline Trooper
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    Its not like we didn't see THIS coming.

    Guy was a douche when he was stopped. Screamed like a bigger douche when he rode the lightning, and now that he's gonna try and sue like a huge douche.
    "I have an open door policy on tickets ... if I have to open my door, you are getting a ticket. If I turn on those lights, somebody has to pay the electric bill."

    The opinions given in my posts and comments
    DO NOT reflect any of the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "CW Mock" on LEF/Officer Resource.

  4. #4
    smokey703's Avatar
    smokey703 is offline I'm Bi-WINNING!!!!!!!!!!!!!!!
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    Quote Originally Posted by CW Mock View Post
    Its not like we didn't see THIS coming.

    Guy was a douche when he was stopped. Screamed like a bigger douche when he rode the lightning, and now that he's gonna try and sue like a huge douche.
    Oh the douchebaggery, will it ever end?
    Wise men stand behind me, brave men stand beside me, but only fools stand against me.

    The force that propels you to prevail when you are put to a test of survival will be a mindset that refuses to accept nothing but winning.

    Too often, we lose sight of life's simple pleasures. Remember, when someone annoys you it takes 42 muscles in your face to frown, BUT, it only takes 4 muscles to reach out and bitch slap that motherf*cker upside the head.

  5. #5
    CW Mock's Avatar
    CW Mock is offline Trooper
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    I think in this case - its terminal, LOL!
    "I have an open door policy on tickets ... if I have to open my door, you are getting a ticket. If I turn on those lights, somebody has to pay the electric bill."

    The opinions given in my posts and comments
    DO NOT reflect any of the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "CW Mock" on LEF/Officer Resource.

  6. #6
    countybear's Avatar
    countybear is offline BDRT - Baby Daddy Removal Team
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    "I want to know why..."

    "No I'm not..." and,

    "What the hell is wrong with you?"

    ... will get you tased, sprayed, tackled, and afterward arrested faster than "F%ck you", in most cases. Why? Because the side of the road isn't a courtroom, the cop isn't a judge, and the place to show your temper isn't in front of an armed, trained, and survival conscious police officer.

    This public service message has been brought to you by The Countybear Coalition for the Advancement of Common Sense.

    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
    - Alexis de Tocqueville, Democracy in America

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    That from the nunnery
    Of thy chaste breast and quiet mind
    To war and arms I fly.
    - Lovelace

    The opinions expressed by this poster are wholly his own, and should never be construed to even remotely be in representation of his employer, its agencies or assigns. In fact, they probably fail to be in alignment with the opinions of any rational human being.

  7. #7
    Resident Smart Ass's Avatar
    Resident Smart Ass is offline I ASK THE QUESTIONS AROUND HERE
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    Quote Originally Posted by countybear View Post
    "I want to know why..."

    "No I'm not..." and,

    "What the hell is wrong with you?"

    ... will get you tased, sprayed, tackled, and afterward arrested faster than "F%ck you", in most cases. Why? Because the side of the road isn't a courtroom, the cop isn't a judge, and the place to show your temper isn't in front of an armed, trained, and survival conscious police officer.

    This public service message has been brought to you by The Countybear Coalition for the Advancement of Common Sense.
    Don't you just hate it when someone's balls are hidden so well, they can't seem to find it themselves ~ RSA

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  8. #8
    armsmaster270's Avatar
    armsmaster270 is offline Ret. Sac. P.D. - 270th M.P. Co., Now with D.H.S.
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    I love it "Read me my rights you can't arrest me unless you read me my rights." OK you have the right to go to jail, directly to jail, do not pass go.
    What a maroon.


    Pretty women make us BUY beer. Ugly women make us DRINK beer. --Al Bundy

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  9. #9
    Five-0's Avatar
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    I do hope that the fact that this ass hat post this video on youtube is brought out. This guy is wanting attention plain and simple. If I was the Utah State Trooper I would be ready to go with a countersuit.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  10. #10
    Morris is offline Chief Wheaties Pisser
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    I can personally attest to the fact that just the mere threat of a suit for malicious harassment and prosecution often solves cases like this. It did for my case which would up being taken to the 9th Circuit. After the plaintiff in my lawsuit learned I was ready to put the pitbull lawyer out for his bullshit (with no help from the department or the city, I will add), he folded his cards and went away.

  11. #11
    Shoestring's Avatar
    Shoestring is offline Please dont check the trunk...
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    Quote Originally Posted by countybear View Post
    "I want to know why..."

    "No I'm not..." and,

    "What the hell is wrong with you?"

    ... will get you tased, sprayed, tackled, and afterward arrested faster than "F%ck you", in most cases. Why? Because the side of the road isn't a courtroom, the cop isn't a judge, and the place to show your temper isn't in front of an armed, trained, and survival conscious police officer.

    This public service message has been brought to you by The Countybear Coalition for the Advancement of Common Sense.
    +1

 

 

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