$1.5M lawsuit possible after tasering

Published 10:16am Thursday, June 7, 2012
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St. Paul man may seek damages after police restrained him during medical call

A 49-year-old St. Paul man claims that Austin police officers repeatedly tasered him while he suffered a seizure last November.

The man seeks more than $1.5 million in compensation. He claims two officers caused him cardiac arrest, taser burns to his torso, abrasions to the knees and elbows, brain injury, loss of vision, headaches, a broken rib and severe emotional anguish, according to the notice of claim his attorney gave to the city of Austin on May 14.

According to the police report, Gold Cross EMTs and the Austin Police Department went to the 600 block of 12th Ave. SW on Nov. 16, 2011, on a report that a 49-year-old man was having a seizure. However, the police report states that when they entered the basement, the man was not having a seizure. Instead, officers reportedly found him out of control, combative and assaulting another person.

Police Chief Brian Krueger added that personnel from Gold Cross and the Austin Police Department — four people in all — were at the home at the same time.

Krueger said officers were unable to restrain the man and twice called for backup. The two officers reportedly grabbed the man by each arm and were unable to handcuff him. One officer said it seemed as if the man had “superhuman strength.”

After two to three minutes, an officer gave the man several stuns to the shoulder with a stun gun, according to the report. A third officer arrived and was able to cuff the suspect, and a total of four officers were eventually on the scene. EMTs then reportedly gave the man an injection to calm him down; however, the man became unresponsive and lost heartbeat. EMTs gave CPR and were able to find a pulse, and they took him to Mayo Clinic Health System in Austin.

No criminal charges were filed against the man. His attorney will not make further comment at this point. A notice of claim means no litigation has yet been brought against the city.

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  • LotusFlower

    Time to start getting all APD officers certified as EMTs…

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  • http://Yahoo HWYSTAR

    Why aren’t the officers ever named for this kind of conduct?

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    • Matt Peterson

      Because an official claim has not been filed against the city, meaning litigation is pending, we have decided to keep both the alleged suspect and officers’ names clear from the article. Thank you for your interest.

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      • scottb

        He’s not a suspect anymore, he’s someone who is suing the city. That makes him a plaintiff.

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      • LotusFlower

        Scottb – Didn’t you read a word the reporter wrote in his comment? The “alleged suspect” hasn’t officially filed his suit against the city yet, therefore there is NO CASE. Therefore there can’t be a plaintiff. Not yet anyway.

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  • MJ

    Why was APD dispatched to a seizure call? Wasn’t this recently in the news that APD is not current in medical response certification and the AFD is current and certified? Who is running this city and making the call to dispatch APD and not AFD? Who gets dispatched if I’m getting robbed? Street Dept?

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  • marian.clennon

    I requested a closed meeting for the entire council to hear information about this and learn if any changes have been made. Last Friday I got an email telling me that the investigation was ongoing. Monday the council was informed that we will have a closed meeting in two weeks. Today in both newspapers I read what the police report says. Thank you to both newspapers for keeping me informed. Anything else you can learn, please keep me informed.

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    • gillthompson169@yahoo.com

      My sister had epilepsy and during her seizures she would walk around and bump into things and if I tried holding her she would try and push me away. sounds like thats what the cops walked in on, how could they not know this!!!!
      Poor guy arent are police trained? and to use a TAZER ON HIM they should lose there badge

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      • skip444

        Yes they should, I know who the plaintiff is, chances are the city will settle out of court. He does have a good case.

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    • Rhino

      really? your telling us that the paper got the police report and you couldnt?

      and your going to take what a reporter types in a paper to stay informed?

      Confirmation for mayor vote: NO

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      • marian.clennon

        I could have probably gone to the police department and paid for my own copy of the police report but tried to work as a team member of the council. I was told last week the investigation was not complete. We were told on Monday we would have a closed meeting to discuss it in two weeks and get more info then. I got the info in the newspaper first. This isn’t the first time I have read city info in the newspapers two days after a council meeting where it should have been shared first.

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  • cooper

    Why is everyone jumping on the police. No one knows the whole story except for the plantiff and the Gold Cross personal and the police. Lets just wait and see what the facts really are.

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    • Rhino

      I’m with you cooper….

      people have seizures all the time that cops deal with… some are from an illness some are from drug and alcohol abuse…

      I think there are a few posters who are anti-cop.

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      • thinkaboutit

        I agree as well. People are quick to blame the police but they are putting their lives on the line walking into unknown situations like that. They were called to assist. Obviously the person he was assaulting could not handle it themselves and if it took that many people to subdue him, then the lives of everyone there were in jeopardy. As someone who works with people with medically related seizure disorders, this type of seizure activity/behavior sounds more like drug or alcohol induced.

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      • gillthompson169@yahoo.com

        Thinkadoutit are u saying that you are in the profession and you agree that it is normal course of action is to beat on and break ribs and then tazer them until they go it to cardiac arrest what handbook is that in cause i would like to see it. seeing how another poster pointed out that the apd is not cert maybe the afd should have been the one to take the call. they do not carry tazers

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  • http://Yahoo HWYSTAR

    If the police are investigating themselves you can bet that nothing will happen. I hope that the guy files and wins his lawsuit. They will probably sweep it under the rug as usual!

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  • intheknow

    It is too easy to have a knee jerk reaction to stories like this–BUT—everyone must take a deep breath and wait for all the details to be released before making judgement of anyones actions taken. The best example of this was the big George Zimmerman/Trevon Martin case. When the story broke Jesse Jackson and his cronies jumped right on the bandwagon with their predjudice bla bla. Then as the story unfolded and it was learned that George has a black grandmother and perhaps wasn’t acting out of racism after all–most of the Sharpton people shut up. Then the photo of Mr. Zimmerman’s injuries was released and most of the late night negative foder changed to “well maybe we should wait until ALL of the story unfolds.

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  • thinkaboutit

    gillthompson – No Mr. Thompson my point is that most seizure activity caused by a medical condition lasts just a few minutes and does not normally include assaulting someone. Most people are also physically drained after having a significant seizure. It likely took more than a few minutes for the police and EMT’s to arrive and the person was still in a combative state. So considering the information in the article it very well could have been a drug or alcohol induced seizure, leaving the police to deal with a person under the influence.

    We obviously do not have all the facts about this situation. I may be wrong to suspect possible drug or alcohol involvement, but those jumping on the police may also be wrong.

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    • gillthompson169@yahoo.com

      I used to work with this guy at hormel and it is epilepsy. What is even more sad is that he tried to come back to work and hormel fired him

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  • cooper

    Where in this story say that he broke ribs?
    Hwystar nice to see you are still spouting garbage. Still havent gotten over you experance yet? Please dont tell me your weak but story everyone has already heard it.
    Gillthompson- So this man is unemployed? Thats an interesting fact wouldnt you say.
    Thinkaboutit you are right and I to would lead towards your way of thinking on this siezure. Lets all just wait and see what comes out of this.

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  • gillthompson169@yahoo.com

    again my sister had epilepsy and she had plenty of seizures that lasted more than half hr. for someone who says they are medically trained quit lying. you must be a member of the apd looking for some excuse

    Status epilepticus (SE) is a life-threatening condition in which the brain is in a state of persistent seizure. Definitions vary, but traditionally it is defined as one continuous unremitting seizure lasting longer than 30 minutes,[1] or recurrent seizures without regaining consciousness between seizures for greater than 30 minutes. Treatment is, however, generally started after the seizure has lasted 5 minutes. It is always considered a medical emergency. There is some evidence that 5 minutes is sufficient to damage neurons and that seizures are unlikely to self-terminate by that time. First aid guidelines for seizures state that, as a rule, an ambulance should be called for seizures lasting longer than 5 minutes (if this is the patient’s first seizure episode and there were no known precipitating factors, or if SE happens to an epileptic whose seizures were previously absent or well-controlled for a considerable time period,

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    • gillthompson169@yahoo.com

      Just to help those who may not know what to do if someone around has a seizure. Please do not try and restrain because you could get hurt, and make it worse for victim

      First Aid for Convulsive Seizures

      Keep Calm.

      Seizures may appear frightening to the onlooker.
      They usually last only a few minutes and generally do not require medical attention.
      Remember that the person having a seizure may be unaware of their actions and may or may not hear you.

      Protect from further injury.

      If necessary, ease the person to the floor.
      Move any hard, sharp or hot objects well away.
      Protect the person’s head and body from injury. Loosen any tight neckwear.

      Do not restrain the person.

      If danger threatens, gently guide the person away.
      Agitation during seizure episodes is common.
      Trying to restrain or grabbing hold of someone having a seizure is likely to make the agitation worse and may trigger an instinctive aggressive response.

      Do not insert anything in the mouth.

      The person is not going to swallow the tongue.
      Attempting to force open the mouth may break the teeth or cause other oral injuries.

      Roll the person on their side after the seizure subsides.
      This enables saliva to flow from the mouth, helping to ensure an open air passage.
      If there is vomit, keep the person on their side and clear out their mouth with your finger.
      Talk gently to the person.

      After any type of seizure, comfort and reassure the person to assist them in reorienting themselves. The person may need to rest or sleep. If the person wanders, stay with them and talk gently to them.

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  • http://Yahoo HWYSTAR

    Cooper, it is way past time for the police to be held accountable for their actions.

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  • http://Yahoo HWYSTAR

    Cooper, whatever you say Phipo. You seem to know more about it than I do.

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