Taser Injuries
If you or a loved one has been injured or killed by use of an electric shock Taser weapon or stun gun give our lawyers, Palumbo & Kosofsky, a call. Whether it is the Taser weapon that inflicted the injury or the ensuing fall we will evaluate your case. Abuse or torture by the use of a Taser weapon could give rise to a State Excessive Force Claim, or a Federal and/or State Civil Rights Claim.
Attorneys Michael Palumbo & Mark Kosofsky, managing partners of the law firm of Palumbo & Kosofsky, will review your allegation of excessive force, permanent injuries, or wrongful death at the hands of the police using a Taser weapon or a stun gun. Our office is conveniently located in Mamaroneck, New York in Westchester County just north of New York City and the boroughs of Bronx, Queens, Staten Island, Manhattan, Brooklyn, Kings County, Richmond County, and New York County. We are south of Putnam, Orange, and Dutchess County located in the lower Hudson Valley, and east of Rockland County. If you are hurt outside of New York State give us a call and we can help you find an attorney in your area.
If you are the victim of a Taser shock:
- If in police custody request to be taken to a hospital.
- Report all feelings of pain, confusion, irregular heart beat, difficulty breathing, etc., to medical personnel and/or the police.
- If you are not arrested or taken into custody immediately seek medical attention.
- If you are in police custody and are being refused medical attention request to speak to a police supervisor. If still refused medical attention ask to speak to the duty captain.
If you or someone you know has been seriously injured or died after a Taser shock call the law firm of Palumbo & Kosofsky for a free phone consultation.
What is a Taser?
A Taser is an electrical shock weapon that is designed to pulse 50,000 volts of electrical current through a human body. This causes great pain and discomfort and disrupts a person’s voluntary control of their muscles. When shocked with a Taser stun gun weapon the body immediately tenses up and as a result the person loses all physical control. According to Taser International and the police that use them, this ultra high voltage weapon is considered “less than lethal” force. Peter Holran, Taser’s Vice President for Public Relations and Government Affairs, told CBS News, “The electrical output of a Taser device is incapable of causing death.”(1) Athena Bachtel of Moberly, Missouri, would be hard to convince after witnessing the Taser-related death of her young son.
The death of Stanley Harlan at the hands of a Taser
After a long day at work in August of last year, Stanley Harlan, 23, was eager to get home. Shortly after parking in front of his house Harlan was greeted by police officers and informed that he was allegedly traveling 13 miles over the speed limit (38 mph in a 25 mph zone). An alarmed Athena Bachtel, Stanley’s mother, was in their home at the time of the incident. Witnessing her son and the police activity from her front steps she could never have imagined the events that would transpire.
Video from the police mounted cameras show that Stanley got out of his car and asked why he was being pulled over. The officer called for backup and checked Stanley’s driver’s license and vehicle registration. Two backup officers arrived and have since admitted that Stanley never threatened them but was just refusing to cooperate. Suddenly one of the backup officers grabbed Stanley. It is unclear why, because the police never said that he was under arrest. The video shows the young man squirming and wresting to break free. The 3 male police officers subdued Harlan as he pleaded “I’m not resisting” on his knees with his hands up. It was in those moments that they deployed the X26 Taser, sending 50,000 volts piercing through his body for a total of 31 seconds.
The last sound that Athena Bachtel heard from her son was a gut wrenching scream prior to his fall where he would lay silent and unconscious. Harlan went into cardiac arrest. Rather than give him medical attention the 3 officers left him on the ground and searched his car. Paramedics arrived 14 minutes later, but it was too late. Stanley Harlan died immediately after being struck and electrocuted with the “less than lethal” force of the taser.
Stanley Harlan died immediately after being struck and electrocuted with the “less than lethal” force of the Taser.
Who is to blame?
Is it entirely on the hands of the police? Despite mounting evidence to the contrary, Taser International maintains that the 50,000 volt force is less than lethal. On Taser’s website (Taser.com/research/science/pages/cardiacsafety.aspx) they claim that the Taser cannot cause cardiac arrest: “The TASER ECD Affects the Nerves and Muscles but not the Heart…The TASER ECD Pulse Cannot Stop The Heart.” Taser International also claims that “The TASER ECD Does Not Interfere with Breathing.” (Taser.com/research/Science/Pages/BreathingandExcitedDelirium.aspx).
The Bureau of Justice Statistics disagrees. Between 2003 and 2005 the Bureau tallied three dozen “Taser-related” deaths at the hands of police. In a 2008 report Amnesty International cited over 50 cases where medical examiners found a Taser shock as a contributor in deaths. Taser International disputes the findings as lacking scientific proof.
More and more police agencies continually adopt the use of Tasers. In 2000 only 500 utilized the Taser weapon. Now, in 2009, 14,201 agencies are using them. That’s 80% of the nation’s law enforcement agencies. Policy of deployment and use of the Taser weapon vary from department to department. Sold to the police as a “less than lethal weapon capable of immediate and effective restraint” the Taser gun has the potential of becoming a preferred as well as overused weapon of choice.
At least one police agency has revised their Taser policy amid these growing concerns and implemented a Restrictive Use Policy of the Taser. Officers of the Columbia, Missouri police department are prohibited from deploying the Taser weapon on fleeing suspects. This policy change was implemented after a shoplifter was tasered while running away from the police with a pair of sneakers. “It’s a less than lethal weapon. That doesn’t mean it can’t be lethal,” says Columbia, Missouri Police Chief Ken Burton, “I changed the policy, so our officers understand they need to feel like they are personally in danger or a third person is in danger.” Additionally, Columbia officers are taught that in necessary circumstances a Taser should only be used in a single five second duration. If the suspect is not subdued, use of other force is suggested.
Recovery in Stanley Harlan’s death
Athena Bachtel retained the maximum settlement under the city’s insurance policies resulting in a $2.4 million dollar payout. Stanley Harlan is not the only person to die after the use of a Taser. Below are just some of the recent publicly reported deaths that the use of a Taser weapon has been alleged to have caused or been a contributing factor in the death:
Baron “Scooter” Pikes, 21, January 17, 2008 Winnfield, La. Source:
Chicagotribune.com/news/chi-Taser witt-web-jul 19,0,2201847.story
Iman Morales, 35, September 24, 2008, Brooklyn, NY. Source:
Reuters.com/article/domesticnews/idustre4916s920081002
Robert Mitchell, 16, April 10, 2009, Warren, Michigan. Source:
cnn.com/2009/CRIME/05/28/michigan.Taser.death
Robert Dziekanski, 40, October 14, 2007 Vancouver, Canada. Source:
cbsnews.com/stories/2007/11/16/earlyshow/main3512452.shtml
Brian Cardell, 32, June 10, 2009, Hurricane, Utah. Source:
electronicvillage.blogspot.com/2009/06/another-Taser-death-in-america-this.html
Nathan Vaughn, 39, December 22, 2008, Sonoma County, California. Source:
sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/12/21/BA8N14SD78.DTL&type=printable
Brett Elder, 15, March 22, 2009, Bay City, Michigan. Source:
msnbc.msn.com/id/29865217/
If you or a loved one has been injured with a Taser call attorney Michael J. Palumbo or Mark Kosofsky today.
(1) The source of this quote and the story of the death of Stanley Harlan is: “Family Seeks Justice In Taser Death. Death Of Missouri Man Again Raises Questions About Whether Tasers Are A Safe Law Enforcement Tool,” June 28, 2009 and can be found at: cbsnews.com/stories/2009/06/27/eveningnews/main5119168.shtml
Attorney Advertising
Prior results do not guarantee a similar outcome