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Arrested teen’s father sues Redmond PD over Taser use

Redmond police car

Federal civil rights 'excessive force' lawsuit seeks $250,000

REDMOND, Ore. (KTVZ) -- The father of a teen arrested by Redmond police nearly two years ago has filed a $250,000 federal lawsuit against the city and two officers, alleging excessive use of force when they repeatedly used a Taser stun gun.

The lawsuit, filed Wednesday in U.S. District Court in Eugene, alleges a civil rights violation and claims Redmond officers Hannah Copeland and Timothy Warburg used "excessive physical force in detaining and arresting" the teen, 14 at the time of the arrest on Jan. 23, 2018.

The complaint, filed on behalf of the teen's father, Michael Francisco, also names the city, alleging that "the officers' unconstitutional conduct implemented a policy officially adopted and promulgated by city officials."

The lawsuit claims the officers, "working in concert with one another, applied a Taser weapon in 'drive-stun' mode multiple times to the torso of (the teen) in the course of detaining or arresting (him) for a minor or petty offense."

Details of the nature of the arrest or the outcome of the juvenile case were not provided.

The lawsuit claims the 14-year-old "did not pose an immediate threat to the safety of" the officers or others, and that the officers' "conduct was unreasonable and constituted excessive physical force."

The boy's father seeks a jury trial and $250,000 in non-economic damages for the teen, who "suffered pain, discomfort and mental anguish."

Redmond police spokesman Lt. Curtis Chambers said Friday, "We regularly train officers on the proper use and deployment of Tasers, and in this situation, when considering all the factors related to the incident, policy was followed."

“Given this is a pending lawsuit, we are not comfortable saying anything further at this time,” Chambers said.

A city representative shared the police department's Special Deployment Policy:

"Policy 304 Conducted Energy Device

"304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS

"The use of the TASER device on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the device. This includes:

a. Individuals who are known to be pregnant.

b. Elderly individuals or obvious juveniles.

c. Individuals with obviously low body mass.

d. Individuals who are handcuffed or otherwise restrained.

e. Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray.

f. Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles).

"Because the application of the TASER device in the drive-stun mode (i.e., direct contact without probes) relies primarily on pain compliance, the use of the drive-stun mode generally should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions.

"The TASER device shall not be used to psychologically torment, elicit statements or to punish any individual," the policy concludes

Central Oregon / Crime And Courts / Government-politics / Redmond / Top Stories

Barney Lerten

Barney is the digital content director for NewsChannel 21. Learn more about Barney here.

Comments

23 Comments

      1. Bend69 made a valid point (as have others) about parenting, and seeking profit from a child who clearly had no respect for lawful authority.
        Claiming this is one of the dumbest things you’ve seen online? Either you are deliberately lying to make a point (and you made no point, btw), or you spend almost zero time online.

  1. My promise to you, Central Oregonians. If my child is arrested in this manner, they will be punished for their behavior that got them arrested, they will be punished for compelling police officers to use a taser to subdue them, and they will be apologizing to the officers in person. Your tax dollars will not be spent on a stupid bratty kid and father law suit.

    1. This how it should be, and that was how we raised our kids. It’s how it used to be years ago before society started changing. Now parents are wrapped up in their own lives, and don’t want to take the time to properly raise their kids, and teach them respect.
      On top of that, the pacifist liberals have done everything possible to make sure parents don’t discipline their kids, and to make things even worse, they have encouraged kids to basically not mind, and disrespect their parents and even told them that they can sue their parents if they are disciplined… There are still good parents and good kids, but they are becoming a rarity.

  2. The lawsuit claims the officers, “working in concert with one another, applied a Taser weapon in ‘drive-stun’ mode multiple times to the torso of (the teen) in the course of detaining or arresting (him) for a minor or petty offense.”

    Well this certainly sounds like quite the conspiracy. Someone should tell the kids dad and the ambulance chaser they got for an attorney that it is common for multiple officers to work together when trying to detain an uncooperative person…
    There are certainly instances where excessive force is used, and cases where people are accused of committing a crime that they didn’t commit but typically cops don’t falsely accuse people or use excessive force for no reason. Don’t do things that are illegal and you will probably never interact with a cop. If you do have to, don’t act like a lowlife douche bag, and things will probably go fairly smoothly. If the kid was resisting, he got what he deserved. Maybe he will learn from the incident but if he is just a disrespectful punk, he won’t…

    1. Two years is the max time they can wait to file the law suit. Two years gives time for witnesses to forget details, and stuff to be tossed, or go missing. In other words it makes it harder for the police to defend them self’s.

  3. The kid was not teased for the crime he was taken in custody for. He was teased for resisting arrest. I’m willing to bet that the smart mouth kid thought he could just walk away and they showed him other wise. If you are upset that they used the taser on him, next time they could just shot him when he acts out his thug life.

  4. These officers work with the youth and are very good at what they do. Knowing them, I do not have doubts that the taser was deployed as a last resort. It seems that the officers should be able to file a claim as to the emotional trauma they endured– to have had to use such a method on a teen. However, this is their job. They did what they had to do and are now being scrutinized for it. The circumstances that led to a taser being used will be fully investigated. Dad must have some clout in the area for this law suit to have been filed. Pain and suffering cases are often thrown out. I wish all involved a justified resolution.

  5. the cops don’t arrest people for minor/petty/frivolous/ shouldnt even be a law against it kinda stuff, they have ticket books for that. cops can overreact but its kind of up to a person to have enough respect to keep the cops from reacting to anything in the first place. if they tell you you’re under arrest just let them do their job, now is not the time to start spouting the constitution or telling them no. its resisting arrest and they are allowed to use as much force as necessary to safely end the situation. i’m sure the cops felt lighting the kid up like Christmas was the safest way to stop him and get him into custody. when I was a kid the cops would thump your melon if you got out of line with them then your father would beat your a** again as soon as he found out you were being a disrespectful turd. its too bad the police force cant counter sue the father for failing to teach his kid right from wrong and wasting taxpayer$$$s

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