Another Taser suit filed in Pennsylvania.
Feb 5th, 2008 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Pennsylvania Injury InformationThe Associated Press reports that a Pennsylvania man was sleeping on his couch (in his house) when he claims that he was awoken and Tasered by police. The man was then taken to jail where he was kept for over two hours in a holding cell, despite asking for medical treatment. Finally it was reported that he was released and no charges were filed.
The man now claims that his back and neck were injured and that his nerves were damaged. He is seeking compensatory and punitive damages and legal fees. The “tasering” police officers were not charged with any crimes. Of course, this is only one side of the story.
Luckily this man was not killed by the Taser. The problem that I see with the Taser is that it could be a deadly weapon for people who have heart conditions. There is no way for the police to know if a suspect has a heart condition. A Taser to a person with a heart condition could render a fatality. Police may feel more free to use the Taser because it is considered a non-lethal alternative to a gun shooting a bullet. Is there a safer alternative?
The author of this Blog, Philadelphia car accident lawyer, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury and car accident victim’s rights in both Pennsylvania and New Jersey. We handle all serious injury cases including, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. We also handle Philadelphia plaintiffs’ personal injury and car accident cases. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.
YEAH, ASSAULT AND BATTERY CHARGES BE FILED AGAINST THE POLICE, ALONG WITH HOME INVASION, KIDNAPPING, FALSE IMPRISONMENT.
THESE OFFICERS SHOULD BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
NO CHARGES WERE FILED. OBVIOUSLY THEY HAD NO WARRANT FOR AN ARREST THEN.
THIS SICKENS ME.
Maybe the police didn’t want a scuffle when the man awoke and saw the police in his house standing over him?…or maybe the guy was reported armed and dangerous?…or maybe the department just got in new tasers and wanted to try them out?..or maybe the man actually broke the law and now wants a payday for unnecessary force by the police? We just don’t know because the details are limited in this article and as Mr. Saile said it is just one side of the story.
what i think we do know is that their was no warrant for the entry into the person’s residence. is there was a warrant for entry and arrest, the person would of been charged with whatever the cause for the warrant was.
because the person was not chargeds with anything means this was a totaly ilegal thing, and sickening to free people everywhewre!
the fact that there is only one side of the story makes me leary bof the whiole situation.
i would venture to say, based on logic, this person is not a rich person, anbd probably is a criminal, and will probably have to hire a public defender.,… maybe.
the police usually do not do trhis sort of thing to a middle class person, in a suburban home, in a nice town, even with a warrant.
yes, the come with force in any case, but usually come with a warrant singed by a judge , with as a matter of law , probable cause, and do do not taser a sleeping person.
they might say, hey , get up, police, you need to sign this mirada warning, and come with us,
to just break into someones home, warrantless, taser a sleeping person is wrong.
the police needed to wake up the prosecutor and judge if necessaaary, disturb them on a sundat afternoon if necessary, and get a signed warrant,… even if it meant staking out the house until the judge signed the warrant.
that would have been the coorect thing to do.
if the police went to a judge on a satuday or sunday afternoon, or even 3am on a weeknight, and saidf, listen, we have a suspect who we think did this or that, we have witnesses or eveidence, the judge will invaribly sign the warrant within minutes.
but for the police to do this without a warrant for arrest, signed by a judsge, wqhich as a matter of law indicates probable cause for a CHARGE, THEN THE POLICE BROKE THE LAW.
THERE IS NO REASON THE POLICE COULD NOT HAVE SURROUNDED THE HOUSE AND GOT A WARRANT… THE ONLY REASON THEY DIDNT WAS BECAUSE THERE WAS NOT PROBABLE CAUSE, OR THEY DID NOT WANT TO FOLLOW THE LAW!
EITHER WAY, THIS IS A SLAM DUNK FOR THE PERSON THAT WAS TASSERED.
TO GO INTO SOMEONES HOME, WARRENTLESS, AND TASERV A SLEEPING PERSON IS SO WRONG, I BREAKS VIRTAULLY EVERY CONTITUTRIONAL AND CIVIL RIGH WE HAVE!!!
this is not the first time something like this has happened.
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just on memory, police in new york city, with a warrant, broke into an apartment, but the wrong apartment, and the person had a heart attack and died.
this is also a serious mistake by police.
i wish police were taught and inundated with the law, and with perfection.
that the police, even when masking an arrest, would treat the arrested person with respect and dignity, knowing full well that the person is innocent until proven guilty in a court of law, no matter what their personal beliefs may be.
to taser a person , sleeping , says to me the police had it in their minds this person was guilty,.. without a warrant signed by the judge of the town or county or state or federal, and were acting as judge, jury, and potential executioner, without even as much as a probable cause hearing or a judge signing a warrant.
its a slam dunk.
not only can this person win money fro this, he can get a retraining order against the police.
in freehold, about 18 or so years ago, give or take a few years, there was the guy known as gee wiz, who lived on mechanic steet, a known then drug area, but has sibce been redelvolped for county buildings, whbo was met on the street by police and billyclubbed to near death for no reason.
not only did gee wiz gewt a money settlement, he got ac restraining order that no freehold boro police officer was to go within so man y feet of him without a warrant.
so, in order for the town to retaliate against his victory, trhey were able to get every house on the section of mechanifcd street torn down for county redevelopment!
but, i kid you nmot, the beating he took was wrong, and akin i guess to worse then rodney king, since geewiz was not being purseured, noe did he do anything ilegal!
Have you ever seen a person get tasered? Most victims immediately crash to the ground. The fall alone can cause enough damage to kill or hurt someone.