As reported by the Erie Times-News the family of a 29 year-old woman that died after being unnecessarily tasered by police officers, while she was under the influence of alcohol, has filed a wrongful death lawsuit against the Erie Bureau of Police and others.
T.B. was under arrest in the Erie police station on July 1, 2011 when officers repeatedly used a Taser electronic control device to subdue her.
The suit was filed by her parents on behalf of T.B.'s eight children, aged one to 17. Defendants are the Erie Bureau of Police, a police supervisor, five unnamed officers and Taser International Inc.
The manufacturing company, Taser International Inc., is named for its negligent design and distribution of a product before warning customers that it could cause fatal cardiac arrest, and of the danger of using the Taser on individuals under the influence of alcohol.
It is alleged in the suit that the police exposed T.B. to battery, violated her right to due process, her rights against excessive force, and cruel and unusual punishment
According to the Erie County Coroner's Office T.B.'s cause of death is listed as a drug overdose. However, plaintiffs believe that the Taser shocks, coupled with T.B.'s altered state, is what caused her death.
Greg Karle, the Erie City Solicitor commented, "When we get the complaint, we will review it and respond appropriately." Steve Tuttle, the spokesman for Taser International Inc., said, "While Taser does not comment on pending litigation involving our equipment, we continue to stand by the independent peer-reviewed medical studies that have shown that the Taser conducted electrical weapons are generally safe and effective…Taser technology has proved to reduce excessive use of force claims."
Peter Friday, the attorney representing the plaintiffs said, "I can say it is a tragedy that we don't think should have happened. It has been a very difficult couple of years for the family."
According to the suit, at approximately 9:45 p.m. on the day of her arrest, T.B. was shocked repeatedly with a police-issued Taser for no reason. Following the "lethal use of force" T.B. allegedly fell to the ground vomiting and grew unresponsive. Transferred to UPMC, T.B. never regained consciousness and was pronounced dead on July 3.
Police officers allegedly stated that T.B.'s substance use, along with the Taser shocks, could cause cardiac or neurological problems. However, even with this knowledge, officers tasered J.B. – in front of unnamed witnesses that pleaded with them to stop and to get her medical attention.
The suit states, "defendant police officers applied excessive force and electric shocks from the Taser, thereby causing the decedent's death."
The city is sited in the suit for "condoning and encouraging officers in the belief that they can violate the rights of person ... with impunity."
Deputy Coroner K.T. did not note anything about the Taser use in the cause of death, and it has been surmised in the suit that he was not made aware that T.B. had been repeatedly shocked with the Taser.
Loosing a loved one in any scenario is difficult. If your loved one died in a wrongful death situation (a death that was caused by another party) contact a personal injury lawyer to file your lawsuit for damages today!