This is horse s**t!

[manahmanah]

Judge OKs Taser lawsuit

A judge has supported a Salinas family's wrongful death lawsuit against the city and makers of the Taser stun gun.

U.S. District Judge Ware denied a motion by the company to dismiss the case without comment July 8.

Robert Heston died in February 2005 after several Salinas police officers shot him with an electric stun gun. Police said Heston was high on multiple drugs and had just assaulted his father and officers. The family and their lawyers claim Heston's death was avoidable and filed the lawsuit that month.

Originally published July 12, 2006

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It just keeps getting better and better. When are these Adam Henry's going to realize that if you pump your body full of drugs AND get into a fight with police officers and other people that there is a good chance you are going to die whether or not you get Tased? This guys father that he just assaulted is now suing the cops for saving his sorry ass. I think for him it's more about $$$ than a case of losing his son. If you ask me this law suit should not even be allowed to go forward. This anti Taser crowd does not seem to realize that if they take our Tasers away the only option we have left is our firearms.

http://www.thecalifornian.com/apps/p...607120311/1002

[Cinnamon]

It sounds like excited delirium to me! UNREAL

[shugs]

. What we need is a contributory negligance law. If you were in violation of law or in any way created or contributed to the situation in which you were injured you get SQUAT!!!!! Zero! Zilch!!!

[retdetsgt]

The judge just wants the jury to hear the evidence. :confused: If the plaintiffs can't show a preponderance of evidence that the taser was the direct cause of death, they lose.

[retdetsgt]

. What we need is a contributory negligance law. If you were in violation of law or in any way created or contributed to the situation in which you were injured you get SQUAT!!!!! Zero! Zilch!!!

That would definitely stop the smokers lawsuits against the tobacco industry.

[ChesCopPodz]

And? I wouldn't mind that either.

[hitnrun]

Maybe this will be good for Taser. If they win, which I am sure they will, then it might HELP to set a precedent for future incidents where resisting LE, + under the influence of 'insert substance' + getting tased = dead MoFo.

[NightVampire]

. What we need is a contributory negligance law. If you were in violation of law or in any way created or contributed to the situation in which you were injured you get SQUAT!!!!! Zero! Zilch!!!

I have said this many times myself.

I would support some variation of this - however not quite as extreme.

For instance: Imagine a situation where someone is upset, they shove a cop open handed, and the cop shoots them in the head. Sure they were wrong. Sure, they deserved to be knocked on their ass and taken to jail. But killed? Such a law would not allow family to hold that officer accountable.

In the taser case, I agree. If you are high on drugs and continue to fight and a taser is used - lesser force- and you inadvertantly die, well ... it was mostly your own doing.

[MetPC]

For instance: Imagine a situation where someone is upset, they shove a cop open handed, and the cop shoots them in the head. Sure they were wrong. Sure, they deserved to be knocked on their ass and taken to jail. But killed?

If you knew there was a strong likelihood of getting shot in the face for pushing a cop would you do it?:confused:

[NightVampire]

If you knew there was a strong likelihood of getting shot in the face for pushing a cop would you do it?:confused:

This totally misses the point.

[fatboyjim154]

The judge just wants the jury to hear the evidence. :confused: If the plaintiffs can't show a preponderance of evidence that the taser was the direct cause of death, they lose.

Over here It could become case law with the right judge. Which if the TASER team win, will end crappy cases.

[SPM]

Over here It could become case law with the right judge. Which if the TASER team win, will end crappy cases.

Not that we are so lucky but perhaps the judge sees it as just another dumb taser lawsuit and is trying to get some case law set on the issue with a case that isn't too hard for taser to win.

Nevertheless, I hate stupid people.

[retdetsgt]

Forget tort reform ever happening. Trial lawyers are the single biggest contributor to the Democratic Party. They will always make sure it never occurs.

[Ken K]

I have said this many times myself.

I would support some variation of this - however not quite as extreme.

For instance: Imagine a situation where someone is upset, they shove a cop open handed, and the cop shoots them in the head. Sure they were wrong. Sure, they deserved to be knocked on their ass and taken to jail. But killed? Such a law would not allow family to hold that officer accountable.

In the taser case, I agree. If you are high on drugs and continue to fight and a taser is used - lesser force- and you inadvertantly die, well ... it was mostly your own doing.

Actually your example is not very good. Contributory negligence already exists in most states. In some if you are 51% at fault you get zip. In another if you are 50% at fault you get damages but reduced by your 50% negligence.

In just about any state you could probably find, if an officer truly overreacted to a simple shove and killed the guy with a gun, a jury is going to determine the officer at a greater % of fault.

Only in a state where even 1% contributory negligence bars you from recovery, and I can't think of one still doing that, I think a jury would find the officer negligent.

Negligence is fairly established in law.

[Feisty]

That is unbelievable. :mad: