Lawsuit filed against city, officers in Taser incident

Published 12:20pm Friday, October 5, 2012
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Man says officers wrongfully shocked him with taser; police say he became violent

The man who alleges he was repeatedly shocked by a Taser while having a seizure last fall is suing the city of Austin, Gold Cross and two Austin police officers in U.S. District Court.

Scott Sheeley, 50, formerly of Austin, filed the federal complaint on Wednesday through his attorney, Leslie Lienemann, and a demand for a jury trial. Sheeley’s attorney originally filed a notice of claim against the city in May seeking a settlement of at least $1.5 million for medical fees, attorney costs and emotional damages. However, no settlement happened. Now, the amount of damages, if Sheeley wins his case, is to be determined at trial.

Sheeley is suing the defendants — including officers Kevin Sederquest and Chad Norman of the Austin Police Department — on grounds that they violated several of his Constitutional rights under the Fourth and Fourteenth Amendments.

According to both sides in the case, officers responded to a medical call at 600 12th Ave. SW in Austin on Nov. 16, 2011, because Sheeley was having a seizure. However, Sheeley’s brother, who made the 911 call, said officers cuffed Sheeley and then shocked him multiple times with a stun gun, according to Lienemann’s complaint.

Read the entire complaint here

The complaint adds Sheeley “suffered physical and emotional injuries, including permanent brain damage.”

“Mr. Sheeley’s injuries were severe and impact him daily,” Lienemann said. “He is still receiving medical care for a number of medical symptoms and will continue to do so.”

A statement by the Austin Police Department in June, on the other hand, claimed that Sheeley became violent when they arrived, was combative and trying to assault his brother.

“Once all the facts come out, we are convinced that the city and the officers will prevail,” said the defendants’ attorney, Dan Kurtz.

Gold Cross will be represented by a separate attorney, as it is not affiliated with the city.

Sheeley seeks damages from all parties for physical and emotional harm, medical expenses, attorney’s fees and violations of his Constitutional rights, including excessive force, battery, and negligence/malpractice, among others.

It may take several months before the District Court of Minnesota hears the complaint and schedules a trial, according to attorneys.

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  • jmdaniel

    Don’t tase me, bro!

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  • jhodges

    This is ridiculous. The cops weren’t doing anything wrong. They should throw the case out.

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  • hwystar53

    After reading the complaint, I hope that the plaintiff is successful with his lawsuit. The cops were just being stupid! What crime scene? Why did they search the place? Were they trying to cover up something? There are just too many unanswered questions that I hope will come to light at trial, unless the case is settled out of court that is.

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  • pashusa

    They killed a guy for swing a pair of pants at his brother???? YEA HE WAS DEAD!!! These cops were really acting stupid. They go to a medical assist scene and beat the crap out of the patient. His brother is standing right there telling them what they were already told over the radio …the guy is having a seizure… but they apparently have had no training on this kind of thing. They should not even have been there if they aren’t trained as first responders. EVEN IF THE GUY WAS …BUT HE WASN’T… A CRIMINAL, HE SHOULD NOT HAVE BEEN TREATED IN SUCH AN ABUSIVE WAY… if it is found that these cops really did abuse their power in such A way i hope they are thrown in jail. at the very least they have shown the entire town that they should not be on our police force or in any job of authority. Then the detectives coming in to try to cover up the real crime( the actions of their brethren cops) that really puts the icing on the cake. it just shows the level of corruption that exists in our police force. I don’t think for a minute that these two cops will be found of doing anything wrong…you know its one citizens word against the cops you know no cop will speak against another(band of brothers and all). pure schmuck will just have to live out his life in fear of cops and in pain and suffering.

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  • cooper

    After reading the comments on this story, Once again Hwystar once again takes a cheap shot at the officers. All that is known is the “Victims” side of the story. Why dont everyone just wait and see what the courts say. Anytime anything happens in this town the police reaspond something goes wrong it is always the officers fault. Why is it that the people that comment on here seem to have a beef with the police. One person always seems to have a beef right Hwystar.

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