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.
"Keller fell back, struck his head on the street, and suffered substantial pain and serious physical injury, including a concussion and a brain hemorrhage," the suit charges.
Hood applied another shock to Keller while Turner was handcuffing him without resistance, the suit asserts.
The suit claims Keller, in addition to his medical expenses, has suffered "disfigurement, pain and suffering, mental anguish, humiliation, and inconvenience; he has lost income and suffers a diminished earning capacity."
Keller is seeking $3.5 million in compensatory damages and $1 million in punitive damages, plus court costs and attorney's fees.
Keller's attorneys--Robert J. Haddad and Paul D. Merullo of Virginia Beach, Boyd F. Collier Jr. of Richmond and Michael T. Hurd of Deltaville--have asked for a jury trial before U.S. District Court Judge Henry E. Hudson.
Hood, Turner and the town have not yet filed responses to the suit. A trial date has not been set.
Colonial Beach Mayor G.W. "Pete" Bone Jr. and Town Manager Timothy Krawczel did not immediately respond to requests for comments.
Bone has previously said that he expects the town's liability insurance to cover any expenses or possible awards resulting from civil litigation.
Frank Delano: 804/333-3834
| 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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