Portland, Oregon- Police officers use Tasers on 2 men who had surrendered, and the lengths police will go to avoid a lawsuit.

As the Portland Police Bureau grapples with how to update its Taser policy, two federal lawsuits stemming from inappropriate Taser use suggest some city police aren't familiar with the current restrictions on their use.

The city settled both lawsuits, paying a total of $138,073 to two men who were Tased by police after they had surrendered. In each incident, the men were on their knees with their hands locked behind, or on their heads when they were tased.

One man's back was to the officer when he was shot with no warning, an arbitrator found based on witness statements, although the officer said she had shot him in the stomach.

Both men were charged with misdemeanors ranging from interfering with police to harassment. Separate juries cleared both of them and some charges were dismissed.

A federal appeals court ruled in December that police can be held liable for using a stun gun against an unarmed person who poses no immediate threat. Deputy City Attorney Dave Woboril said that Portland's current guidelines on Taser use are not precise enough and need to be improved to better guide officers.

"I don't think there was any dispute dramatically as to what Clay was doing at the moment he was Tasered," said deputy city attorney Scott Moede, who represented the officers in the civil suit.

Clay said he sued Tafoya because she started the encounter "yelling at me like a mad person," without ever trying to talk, and Hughes for shooting him.

"I shouldn't have to sue to look for justice," Clay said.

The officers violated bureau policy by using the Taser against people who were "passively resisting," according to testimony from the criminal trials and civil depositions. But no discipline was issued.

The city settled these cases, and no discipline followed. The plaintiffs' attorney isn't surprised.

"That's why we have to file these cases because that's the only way there's any type of satisfaction," McHenry said.



Link:
http://www.oregonlive.com/portland/index.ssf/2011/02/portland_officers_who_tasered.html