Category Archives: TASERS & CATTLEPRODS

West Australian police officers suffer setback in Fremantle Taser damages appeal

Three WA policemen who Tasered a couple during an arrest and were ordered to pay damages have had an appeal setback, with their union not paying security on a crucial court costs bill.

Robert Cunningham and Catherine Atoms were outside the Esplanade Hotel in the early hours of November 2, 2008 when they saw a group of men falling into a garden bed and tried to help.

But police believed they were causing a disturbance and the couple were Tasered during a scuffle.

The University of WA associate professor of law and Ms Atoms sued the state and the three officers involved, Peter Clark, Simon Traynor and Glenn Caldwell, and were awarded $1.1 million in damages.

The 2015 trial judge found the officers were liable for battery, misfeasance in public office, false imprisonment and malicious prosecution.

She also found the conduct caused the couple to suffer post-traumatic stress disorder and a back injury to Ms Atoms.

The officers challenged, arguing on 24 grounds, but were ordered by Justice Robert Mitchell last month to pay $90,000 security on a court costs bill – already estimated to have reached at least $900,000 – by August 23 or the appeal would be dismissed.

On Wednesday, the full bench of the Court of Appeal dismissed an application to review Justice Mitchell’s order.

The court heard the union decided not to provide the security payment, and the judges said “the appeal is arguable, but we … would not put it any higher than that”.

But the officers have applied for a 48-hour extension to make the payment and will find out later on Wednesday if it has been allowed.

In his recent provisional assessment of the appeal, Justice Mitchell said the arguments advanced in support of grounds one to 19 were “far from strong”.

He also noted the officers’ liability for damages and trial costs already exceeded their assets.

Traynor’s wages have been suspended as he is on continued sick leave while Caldwell is unemployed and receives a disability pension but Clark continues to work in the police force.

AAP

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Henry Sapiecha

POLICE SHOOT DISABLED MAN ON BUS WITH TASER. VIDEO EXPLAINS

ON THE BUS WHEELCHAIR DISABLED MAN GETS TASERED BY POLICE FOR NOT SITTING DOWN

Henry Sapiecha

WOMAN SUES POLICE AFTER BEING TASERED IN THE GROIN VIDEO HERE IN ACTION

(Scroll down for video) A woman who was resisting arrest, was finally handcuffed after police used a Taser on her, according to police reports.

Taser_image www.policesearch.net

The woman however, has filed a federal lawsuit claiming the police officer used the Taser on her crotch, shortly after learning that she was a transsexual.

Brooke Fantelli filed the lawsuit in federal court last week, accusing the U.S. Bureau of Land Management of excessive force, according to a report.

The incident took place in the Imperial County desert near El Centro, in October 2011. Ranger J. Peter asked for identification, while she was participating in a photo shoot. Fantelli’s ID still identified her as male.

“He was very nice, until he saw the ID,” Fantelli said. “He went from calling me Miss and Mrs. to calling me Sir and dude and eventually calling me he.”

 

Peter asked for identification, while she was participating in a photo shoot. Fantelli’s ID still identified her as male.

“He was very nice, until he saw the ID,” Fantelli said. “He went from calling me Miss and Mrs. to calling me Sir and dude and eventually calling me he.”

Fantelli was told she was arrested for being drunk in public.

In the video, Fantelli can be seen with her hands in the air. At one point, she tells her friends to take pictures. Soon after, he shot her with a Taser and she fell down.

Peter and an Imperial County sheriff tried to handcuff Fantelli before the officer warns her that he will use his Taser again. Moments later, Fantelli was shocked again, this time in the groin.

The department has issued a statement saying that the officer acted appropriately.

“When using Tasers, police target mass center bottom, legs or back, if possible,” the statement said.
“It seems that the officer acted appropriately in this case.”

Kevin Keenan, executive director of the ACLU of San Diego and Imperial Counties, said that he found the video disturbing.

“She was declaring her opposition to the action, but did not in any way resist arrest,” Keenan said. “The officer could have done other things before having to use a Taser for sure.”

The prosecutor never filed charges against Fantelli for her arrest.

Henry Sapiecha