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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26692
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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aquired brian injury ,mental,and physical impaired tazered

Resolved Question:

aquired brian injury ,mental,and physical impaired tazered by police after beig told by family at scene that subject was mentality incompitant.does this infrige o persons disabilty and civil rights
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 7 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Just because a person has those conditions doesn't automatically make it a civil rights violation for them to be tazered or arrested.

Dwayne B. :

The fact that the police were aware of that would certainly be a factor to be considered in whether a violation occurred.

Dwayne B. :

To find out if it was a violation a judge or jury would have to look at all the factors including the actions of everyone involved.

Dwayne B. :

For instance, if the person were standing there with their hands in the air surrendering and they used the tazer on him then it would almost certainly be a violation.

Dwayne B. :

If, instead, the person was fighting the police then it would be less likely to be a violation.

Dwayne B. :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

Customer:

The brain injured subject was approached at a restaurant while eating lunch with his sister. The police officer was off duty. The brain injured subject simply asked the police officer how he was doing being friendly, The officer answered then walked over to the table where the subject and his sister was eating. The officer looked at the subject and his sister and said he wasn't trying to sound like a smart ass but he thought that the subject had outstanding warrants from before his injury. The officer was bullying the subject and always had since he started working in our town. The officer went out to his car and pulled up the subjects record. When the subject and his sister went out side the officer approached the subject knowing that had been in a accident. The subject was only 9 months out of the hospital where it would take his brain 2 years to heal. The subject was incompetent at the time. Two sheriffs had already been to the subjects house over the outstanding warrants and didn't take the subject to jail due to his condition and injuries. The subject was in the care of his mother, sister, and father. The officer put his hand on the subjects shoulder with pressure telling him to ride with him. The subject said no. The officer never pulled out any hand cuffs or told the subject that he was under arrest. The subjects sister walked over when she knew something was wrong. She noticed that the police officer had a tazor out and was going to shoot her brain injured brother, not knowing what the tazor may do or how it may affect the subject she started explaining her brothers injuries and the situation where sheriffs had already been to the house. The officer then said that the sister was interfering where she was later arrested. The police officer shot the subject with the tazor gun, the subject due to his injury was enraged. Doctors had said that happened a lot with brain injured patients and they was unaware of their actions. The subject had a small zaper tazor to defend himself because physically he could not. The subject then zapped the officer with his hand held tazor out fear, the hand held tazor is not a deadly weapon but that is one of the charges the subject got was assault with a deadly weapon. The officer was struggling to take the subject down meanwhile the sister was telling the officer to watch his head and not hit it because all it would take is one his to kill the subject. The officer didn't listen, began tazing the subject on the neck after the wires came out and the dart was just below where the feeding tube had been placed in the subject. The officer had to knock the end off of his tazor gun to taze the subject in the neck. The mother was on the scene at that point and called 911. The officer was laying on top with the subject at that time. She handed the phone to the sister, the sister explained the situation and asked for a ambulance. The police officer had called for back up. Lots of other officers arrived on the scene shortly after a ambulance. The subject was denied his rights to go to the hospital and be check out. The subject and his sister was taken to jail. The officer was in violation and suspended for 3 days. The subject stayed in jail without being given his medication and complaining with headaches, still unable to receive medical care. After being released from jail which has been 2 years now the subject has headaches everyday which he didn't have before and will not leave his house. The subject has been disabled since his accident. I hope that this will help more with reaching a better answer. This has been very stressful, emotional, and a financial burden for the last 2 years. I've been told I have a law suit against the officer, and the county for allowing this to be ongoing knowing the condition of the subject and him being incompitant at the time. They kept sending the subject for evalutations until he became compitatant with help.

Dwayne B. :

I think under the facts that you've described that the defendant has a reasonable claim for a civil rights violation.

Customer:

Thank you very much

Dwayne B. :

Since the officer was aware of the person's limitations then they acted unreasonable under the circumstances.

Dwayne B. :

He would need to look for a lawyer who does civil rights work since it is a specialized kind of case. He could find one at www.lawyers.com.

Dwayne B. :

In the search box marked Area of Practice he would enter Civil Rights

Customer:

Ok I will check in to that asap thank you so much

Dwayne B. :

He definitely doesn't want to plead guilty until he talks to a civil rights lawyer about this.

Dwayne B. :

you're very welcome. Anything else I can assist with before I exit to help others?

Customer:

Not at the moment

Dwayne B. :

Best wishes to you and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26692
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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