The Salt Lake City Tribune has reported that a local resident will be receiving a $40,000 settlement from the Utah Highway Patrol due to one of their troopers that shocked the man twice, while he was seated in his vehicle, as he had allegedly refused to submit to an alcohol breath test without speaking to his attorney first.
R.J. sued Trooper L.S. in U.S. District Court this past June. In court documents, R.J. had claimed that the trooper pulled him over on State Street on March 28, 2009, and then became confrontational with him when he asked to speak with an attorney.
L.S., after checking R.J.'s license and other paperwork, allegedly smelled alcohol in the car that prompted her to ask him to submit to a blood alcohol breath test. R.J. told L.S. that he wanted to speak to his lawyer before submitting to any testing.
It was then that L.S. allegedly threatened R.J. with her Taser if he did not get out of his car. When he refused, she pressed the weapon against his arm and fired it, and when he recovered, she fired it once more.
After a third threat and a third refusal, per the suit, L.S. arrested R.J.
R.J. is represented by Brian Barnard who said that the settlement was done in exchange for dropping the suit. The suit had named L.S., the Utah Highway Patrol and the state of Utah.
Barnard said, "There have been too many recent instances in Utah where Tasers have been improperly and unwisely used. That wrongful use has potentially lethal consequences. This was a case of excessive and completely unnecessary use of force. While Tasers are useful tools for officers, their misuse and overuse causes disrespect for law enforcement. This was a case of a trooper acting unprofessionally, irresponsibility and maliciously."
Todd Johnson, the Utah Highway Patrol spokesman, confirmed that a settlement had been reached, but was unable to comment further.
Prior to the suit lodged against her by R.J., L.S. had an commendable record with the Utah Highway Patrol. She had been named the new Trooper of the Year in 2007 - for her work in making over 200 DUI arrests - and was the first woman to ever receive the title. Additionally, L.S. was a graduate of Weber State University where she obtained a bachelor's degree in criminal justice.
There are approximately 30 DUI cases involving J.S. that the Salt Lake County District Attorney Sam Gill is reviewing. The review began before the settlement was announced.
Gill said, "There are issues that have been raised that gave us concern. We're just doing our due diligence. We have an obligation to provide to defense council all applicable records. I am not suggesting that in any way that Trooper (J.S.) did anything wrong, all that I'm suggesting is certain issues were raised. We have an obligation to pursue those concerns."
If you have been hurt by a member of law enforcement, or anyone with a position of power, you have grounds for a lawsuit. Contact a personal injury lawyer today for help with your case.