Suit: Police Taser 'heavy man' unable to fit into squad car

[MrScorpio]

A man filed a lawsuit Wednesday against the Village of Riverdale and four police officers he claims Tasered him because he was too big to fit into the back of a police car.

Derrick Smith -- a “rather large, heavy man” -- claims Riverdale police Tased him when he was unable to fit through the doors of a police car Aug. 6, 2009, outside his south suburban home, according to a suit filed in Cook County Circuit Court.

The suit claims Riverdale police Officers I. Martin, Golden, Detective Graziano and Lt. Dempsey responded to Smith’s home in the 14100 block of S. Michigan Ave. in Riverdale and Smith and his wife, Doreen, told the officers everything was fine.

Police still took Smith into custody, and his wife told the officers he suffered multiple medical illnesses -- including congestive heart failure, an irregular heart beat and hypertension -- that required medication, according to the suit.

The suit claims the officers then “paraded” the handcuffed Smith in front of his neighbors and to a police car. The “rather large, heavy man” could not physically fit through the police car’s door and the officers tired to force his body through the doorway, according to the suit.

When the officers were unable to force Smith into the backseat the officers Tasered him numerous times in the chest, arms, thighs, back and buttock,
according to the suit. Smith, unarmed and in handcuffs, was never combative and attempted to cooperate until he fell to the ground from the Tasering, the suit said.

Smith claims he suffered painful and serious bodily injuries, physical pain, emotional distress and was permanently disfigured.

http://www.wlsam.com/Article.asp?id=1903882&spid=

And this is not torture how?

[AlabamaLibrul]

1. It's not torture because it's under a D admin, of course! n/t

[Missy Vixen]

2. They're lucky he didn't die right there

You're not supposed to use a Taser on anyone with suspected heart disease or condition.

What was he being arrested for, and how did they think Tasing him was going to get him into the back seat of the car in the first place if he didn't fit?

[savalez]

20. I don't think they are allowed to Taze a handcuffed person.

[Missy Vixen]

22. Let's face it, this whole thing is full of win

The only way the cops will manage to wiggle out of it is if the guy had a gun or a dagger in his hand.

Tasers USED to be a better alternative to a gun for law enforcement. Now, they're on a par with pepper spray, IMHO.

[niyad]

3. maybe we should take their toys away from them--tasering seems to be an addiction with some.

[MilesColtrane]

4. *oink*

[REP]

5. It's not torture because it happened to a fat ass bastard who needed to be tasered

[ThomCat]

6. I hope you are being sarcastic.

:(

But if so, that's very poor sarcasm.

[REP]

7. It's just what i've learned on DU

[Prometheus Bound]

8. Hey, that's what cops do.

[Dogtown]

9. K&R n/t

[formercia]

10. The modern day version of a Cattle Prod

with a longer reach.

[pipi_k]

11. Something doesn't sound quite right about this story

First of all, it doesn't say WHO called the police to his home and for what reason. If they got there and everything was as "fine" as Smith and his wife insisted, they probably would have left. Maybe one of them...likely the wife, had injuries.

I've seen plenty of instances where the cops were called, and everything really was fine, and then they left.

In the larger scheme of things, cops would generally prefer NOT to have to do tedious paperwork, and if things really ARE "fine", then they'll be happy to leave so they don't have to fill out incident reports.


And really, let's not even get into any bullshit about how an obese man with congestive heart failure, an irregular heart beat and hypertension could not possibly have committed violence on his wife. Bull. Shit. My 93 year old mother in law, who also had CHF, COPD, and a few other conditions managed to beat up her much younger (and much more spry) roommate in the nursing home where "Mom" spent a month before coming back to live here.

And I was once injured by my stepfather's elderly father, who, at the age of about 85, tried to knock me over.

The article says that Smith tried to cooperate, but was the writer of the article actually present at the scene? Or is he taking a biased statement from the wife? Or maybe a couple of cop-hating neighbors?


News articles don't always present the facts.

And I'm not sticking up for the cops. But people are passing judgment on them without even having been there. All you have is one side of the story.


If the article turns out to be not totally true, and the man was indeed being combative and uncooperative, then it's probably not even a case of "torture".

[ProgressiveProfessor]

12. This is why we all need video cameras handy

even cell phone video would have been of use here

[pipi_k]

13. I agree 100%

It's to everyone's benefit, and if those cops really are guilty of what the article claims, then they need to be disciplined and perhaps fired.

But there's no real evidence either way.

[MadHound]

15. No real evidence?

You're discounting the neighbors then, why?

[pipi_k]

17. All they have is MAYBE statements from the neighbors...

I don't recall if the article said whether neighbors gave statements or not...

But if some of them did give statements, then it must all be true.


because as we all know, people can't possibly be anti-cop.


:sarcasm:

[MadHound]

18. And we know that no cop is capable of being a sadistic asshole drunk on power

And that they never discharge their tasers unless absolutely necessary.

There are good cops, there are bad cops. Your unwillingness, or inability to recognize that there are bad cops in this world is just as biased, and blind to reality as those who think all cops are bad. Congratulations, you've become what you hated, a person who deals in single minded stereotypes.

[pipi_k]

19. I'm certainly not unwilling to acknowledge that there are bad cops in this world

because I know there are.

But just because there are bad cops in this world, that doesn't mean they ALL are.

and it doesn't mean that people are being terribly bright in judging a situation like that before all the facts are in ON BOTH SIDES.

Facts.

Not hearsay from the neighbors. Not biased tattling from the "victim(s)"


Facts. And the only way we're going to get FACTS is via thorough investigation and testimony from everyone involved, in a court of law.

Not through a one page article posted on an internet discussion board.

[MrScorpio]

21. I have no doubt that the cops' own story will tell quite a different tale

No doubt at all.

[pipi_k]

24. And that's the way it usually is, even when the cops aren't involved

Even two people in a marriage will each have a totally different story on what was said or done during an argument, or what it was all about.

That is why it's important to have video cameras in patrol cars, or for people to take videos on their own.

There was just a news story on CNN a while ago about a cop who stopped an elderly man trying to drive his friend (who was likely dying from lack of oxygen in the car) to the hospital. The man was speeding. The cop stopped him without backup, and even when he saw it was two elderly men, he still became overly aggressive.

OK, maybe he was frightened himself. Adrenaline can do strange things to a person's mind. It's not always about "power"...but in any case...

the video camera in the cop's own patrol car documented the entire event.

And I say GOOD. Absolute, positive proof that he acted like a dick...no question about it, and good riddance to him.

We need to have concrete proof that will expose, and get rid of, the bad cops. I have absolutely no problem with that.

[truebrit71]

14. But only if they had a wide-angle lense..

...:hide: :evilgrin:

[Iggo]

16. Yay, Cops!

They're the best!

[joeybee12]

23. Cops are addicted to tasers...they are weapons, not toys...n/t