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Police Taser Wrongful Death Lawsuit OK’d by Federal Judge

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U.S. District Court Judge Clark Waddoups ruled on Wednesday that the family of Brian Cardall can move forward with their wrongful death lawsuit against two police officers and the city of Hurricane. According to the lawsuit, Cardall was bipolar and having a manic episode when he was running naked along Route 59 in Utah. The family claims police used excessive force on the 32-year-old man when they hit him twice with a Taser while trying to subdue him.

Cardall died during the altercation, and an autopsy found that the cause of death was from heart irregularities. Among the seven plaintiff allegations include claims that Hurricane Police Officer Kenneth Thompson, and Police Chief Lynn Excell deprived Brian and Anna Cardall of their constitutional rights during the incident, and that police intentionally inflicted emotion distress on Anna. According to the complaint, constitutional questions include the officer’s decision to Taser Cardall while he was involved in an episode of mental illness, followed by his request that Anna accompany the officers to the Sheriff’s Office, even though she had not been accused of any crime, the Spectrum reports.

An attorney for the police said the officer was justified in his actions, and an investigation by the district attorney cleared the officer who used the Taser of any wrongdoing, the Republic reported.

No trial date has been set in the case.

 

 

breakinglawsuitnews.com disclaimer: This article: Police Taser Wrongful Death Lawsuit OK’d by Federal Judge was posted on Friday, January 13th, 2012 at 9:22 pm at breakinglawsuitnews.com and is filed under Uncategorized.

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