Taser victim seeks millions
Taser victim suing Colonial Beach and two police officers for $4.5 million
Date published: 8/7/2007
BY FRANK DELANO
A man who was injured in a Taser incident in 2005 has filed a $4.5 million federal lawsuit against the town of Colonial Beach and two of its police officers.
James E. Keller, 45, alleges in the suit that he suffered "great personal injury" when police Sgt. Ryan W. Hood shot him with the electronic stun gun "without justification" and "without giving any verbal warnings or commands."
The suit alleges that Hood and Police Chief Courtlandt A. Turner acted together to deprive Keller of his constitutional right "to be free from the use of unreasonable force by a person acting under color of law."
After a four-day trial in May, U.S. District Judge James R. Spencer acquitted Hood and Turner on all 15 criminal counts arising from Hood's use of the Taser on Keller on Sept. 6, 2005, and on another man the previous month.
Filed July 23 in U.S. District Court in Richmond, the civil suit says "a degenerative neurological disease" affected Keller's behavior the day the incident.
When his family called police for help, Keller ran in the Potomac River. He waded in the river for about two hours despite police attempts to coax him to shore.
While Keller was in the water, the suit asserts that Hood and Turner made plans to subdue Keller with the Taser despite manufacturer's warnings that the weapon could "cause or contribute to a target's death," especially if used on a person in the water.
The suit charges that Hood issued no verbal commands before firing his Taser from a pier at Keller in the water. High winds deflected the shot, the suit says.
When Keller's minister finally coaxed him out of the water onto Irving Avenue, the suit claims Keller made no threats, took no aggressive stands and made no attempt to flee from police.
"At about that time," the suit says, "without giving any verbal warnings or commands as required by CBPD use-of-force policies and his Taser certification training, Hood raised his Taser and took aim at Keller and then made eye contact with Turner who failed to order Hood to holster his Taser."
The suit says Hood hit Keller with a three-second, 50,000-volt jolt from the Taser.
| Aug. 12, 2005--Boyd Carter shot with Taser by police Sgt. Ryan Hood during arrest at Colonial Beach motel.
Sept. 6, 2005--James E. Keller shot with Taser by Hood when Keller comes ashore after more than two-hour standoff with police in the Potomac.
Oct. 11, 2006--FBI agrees to investigate Taser incidents at request of Colonial Beach police Chief Courtlandt Turner.
Dec. 19, 2006--Federal grand jury indicts Turner and Hood on charges of violating victim's civil rights and hindering investigation.
May 10, 2007--Federal judge acquits Hood and Turner on all 15 counts.
July 3--Hood resigns from police force.
July 23--Keller files lawsuit against Colonial Beach, Hood and Turner.
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Date published: 8/7/2007
Most recent reader comments:
THE OFFICER WAS WRONG AND V ENGEFUL
(posted by
theobc
, Sep. 25, 2007 2:41 pm)  
it sounds like the officer was frustrated because the man held him at bay for 2 hours and he retaliated by tasering the man. just cause you are a law enforcement officer doesn't mean you have the integrity or the maturity to handle the job. this officer demonstrated a lack of both. the town council and mayor compounded the mistake by keeping this man on the job, despite numerous complaints. perhaps the enormity of the lawsuit will jolt the good citizens into making a much needed change for the better.
Overreacted
(posted by
sherrylyn
, Sep. 25, 2007 2:41 pm)  
I agree, these officers overreacted to this situation. I believe they should be sued and certainly not be back on the police force. Officers that react as they did, could be a danger to us all. Lets not dog C.B's. whole police dept. on two bad ones.
PLEASE!
(posted by
VALADI
, Sep. 25, 2007 2:41 pm)  
Most of these policemen. overreact in alot of sittuations, There could be a cat in a tree and they act with a swat team response, It's like they have to make a name for themselves. and Boy are they. I lived in CB for nearly 20 yrs, and am glad to say that I now reside elsewhere,That town has more crack in peoples pockets than they have in their sidewalks. And it would blow your mind to know that there are some people with the motto "If you scratch my back, I'll scratch yours"
PLEASE
(posted by
VALADI
, Sep. 25, 2007 2:41 pm)  
I would never live there again,
I have more respect for myself and my family.
So you can commend them if you wish but evidently you have been living there with your blinders on because there is alot that goes on that you apparently choose not to see.
in the river 2 hours ?
(posted by
Ron_C
, Sep. 25, 2007 2:41 pm)  
It says they were trying to get him out of the water for two hours, then they shot him with the tazor "without giving any verbal warnings or commands" I'd think 2 hours of telling him to get out of the water would be a "verbal command" then the suit says he "made no attempt to flee from police". Well what was he doing for the two hours if not attempting to evade capture. Sounds to me like he is playing the Lawsuit Lotto, sue for a big enough number and they'll settle to make it go away.
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