RCMP Watch

Ty Young, Phoenix, Arizona (East Valley Living)- It’s been quite a week for Taser International Inc. The world’s largest maker of advanced electronic control devices received its first blemish on what was once an impeccable record defending lawsuits. But while that decision will be appealed — and likely overturned, according to legal experts — the Scottsdale-based company’s first loss was sandwiched between two more victories.

Last week, the U.S. District Court in the Northern District of California found Taser responsible for a portion of the death of Robert Heston, who dies on Feb. 19, 2005 after Salinas, Calif. police officers used a Taser device to subdue the man. A jury awarded Henston’s family $6.2 million in damages, deciding that the Taser devices used were 15 percent responsible for the death.

Heston, like many Taser-related deaths, was found to be using methamphetamine. Three Salinas police officers used Taser devices to subdue him.

This was the first instance where Taser was found responsible for a death. The jury awarded Heston’s family $1.02 million in compensatory damages while adding an additional $5.2 million in punitive damages.

Taser officials will appeal the decision. Multiple legal experts who have asked to remain anonymous because of their relationship to Taser and its competitor, Stinger Systems Inc., said they expect Taser to win its appeal.

But it wasn’t all bad news for Taser. On June 13, the company was found innocent of its 71st wrongful death case, as the U.S. District Court in the Northern District of Georgia, Rome Division, decided in Taser’s favor for a officer training injury.

The former Georgia State Trooper claimed he sustained back injuries after a training session where he was “tased”. The case was similar to another back injury accusation by a police officer, launched more than a year ago by Dan Husband, a member of the Royal Canadian Mounted Police in Revelstoke, British Columbia.

Many police, military and security users of Taser products are required to be “tased” before using the devices.

Since 2003, there have been more than 10 training-injury lawsuits filed by law enforcement officials against Taser.

“We are pleased that the U.S. District Court granted our motion for summary judgment,” said Doug Klint, Taser vice president and general counsel. “Speculation is not enough to create a genuine dispute as to whether the Taser exposure caused that injury, particularly in light of the delay in discovering the fracture via an X-ray or MRI.”

Earlier this week, the Arizona Supreme Court denied a petition for review by former Maricopa County sheriff’s deputy Samuel Powers. He sued Taser in 2002 after he claimed to have suffered a spine fracture following a shock by a Taser device during a testing event. He was seeking nearly $900,000 in damages. His case was denied by an Arizona jury, which found Taser innocent of charges.

The recent decision by Arizona Supreme Court is expected to end the issue.

“We are very pleased to see the successful conclusion of this appeal,” Klint said.