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POLICE BRUTALITY :
TASER GUNS :
DISABILITIES: PHYSICAL :
LAW CASES:
Justin Shekleton: Taser Used on Physically Disabled Man
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Video from YouTube
http://www.youtube.com/watch?v=znowa8d-HPw
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More Detailed Video
http://www.press-citizen.com/VideoNetwork/2964987323001/
Justin-Shekleton-Police-use-Taser-on-physically-disabled-man
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A shorter URL for the above link:
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http://tinyurl.com/m862tb6
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United States Court of Appeals
http://www.gpo.gov/fdsys/pkg/USCOURTS-ca8-11-02108/
pdf/USCOURTS-ca8-11-02108-0.pdf
OR
http://tinyurl.com/owkt3go
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http://www.gpo.gov/fdsys/pkg/USCOURTS-ca8-11-02108
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New Hampton man sues county, deputy over Taser use
August 27, 2010 11:11 am
By JOSH NELSON
The Globe Gazette
http://globegazette.com/news/local/new-hampton-man-sues-county-
deputy-over-taser-use/article_5414cad4-b1f6-11df-9a64-001cc4c03286.html
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A shorter URL for the above link:
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http://tinyurl.com/o3ufmtp
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According to the suit, Eichenberger stopped his patrol car when he saw the
pair talking and asked if there was a problem. Shekleton denied anything
was wrong but two New Hampton police officers showed up to assist
Eichenberger.
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The two officers went inside the bar to talk to the woman while
Eichenberger interviewed Shekleton outside. During that interview,
Shekleton leaned against the building but at one point shifted his
position.
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Eichenberger believed this change of stance to be aggressive in nature
toward him, according to documents filed by defense attorneys for
Chickasaw County. The deputy then ordered Shekleton to put his hands
behind his back so Eichenberger could handcuff him.
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The countys attorneys allege Shekleton refused and yelled at Eichenberger
as the deputy attempted to restrain him. The pair fell to the ground. A
New Hampton police officer ran out of the bar and attempted to subdue
Shekleton.
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Eventually, Eichenberger yelled Taser, and fired the stun gun at
Shekleton, who fell to the ground. The incident represented the first time
Eichenberger had used his Taser, both sides acknowledged in court
documents. Shekleton was then handcuffed. He was later charged with public
intoxication and interference with official acts, both simple
misdemeanors.
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Brandon Brown, Shekletons attorney, said his client is suffering from
medical problems as a result of the incident but declined to go into
detail. He said the charges were dismissed on a technicality.
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION
Justin Shekleton,
Plaintiff
v.
Ryan Eichenberger, et al.,
Defendants
2011 U.S. Dist. Lexis 45038
2011 WL 1578421
April 26, 2011, Decided
April 26, 2011, Filed
Jon Stuart Scoles
United States Magistrate Judge.
Ruling on Motion for Summary Judgment
Table of Contents
I.
Introduction
II.
Procedural Hist
ory
III.
Relevant Facts
A.
The Parties
B.
The Incident on September 6, 2008
IV.
Legal Standard for Summary Judgment
V.
Discussion
A.
Plaintiff's 42 U.S.C. 1983 Action
B.
Qualified Immunity
C.
Is Deputy Eichenberger Entitled to Qualified Immunity from Shekleton's
Claim Based Upon the Use of Excessive Force in Using His Taser?
1.
Did Deputy Eichenberger Use Excessive Force When He
Deployed His Taser Against Shekleton?
2.
Was the Right Clearly
Established?
D.
Is There Sufficient Evidence that Chickasaw County Failed to Properly
Train Its Deputy Sheriffs?
2
E.
Shekleton's State Law Claims
1.
Assault and Battery
2.
Respondeat Superior
VI. Summary
VII. Order
http://www.aele.org/law/shekleton-eichenberger.pdf
VI. SUMMARY
Viewing the evidence in the light most favorable to Shekleton, the Court
concludes that Deputy Eichenberger is not entitled to summary dismissal of
Plaintiffs excessive force claim pursuant to 1983. It follows that
Eichenberger is not entitled to summary judgment on Shekletons state law
assault and battery claim, and Chickasaw County is not entitled to summary
judgment on the state claim of respondeat superior. The Court further
concludes, however, that Defend ant Chickasaw County is entitled to
summary judgment on Shekletons 1983 failure to train claim. Accordingly,
Count
II of Plaintiffs Amended Complaint will be dismissed.
VII. ORDER
IT IS THEREFORE ORDERED that the Motion for Summary Judgment (docket
number 13) filed by Defendants is hereby GRANTED in part and DENIED in
part, as follows: Defendants are entitled to summary judgment on
Shekletons 1983 failure to train claim, directed at Chickasaw County.
Count 2 of the Amended Complaint (docket num ber 23) is dismissed.
Defendants are not entitled to summary judgment on Shekletons claim of
excessive force pursuant to 1983, or his state law claims of assault and
battery and respondeat superior.
DATED this 26th day of April, 2011.
/s/ Jon Stuart Scoles
Jon Stuart Scoles
United States Magistrate Judge
Northern District of Iowa
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https://picasaweb.google.com/lh/photo/
DzKyChY-JxsD6kB3U3-ff4ygI4vc-OaW3gqXRofddiU
OR
http://tinyurl.com/olx8e2f
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Chickasaw County: $150,000 Deal After Officer Tases Man
December 22, 2013
Shreveport Times
http://www.shreveporttimes.com/article/D2/20131222/NEWS14/
312220064/Chickasaw-County-150-000-deal-after-officer-tases-man
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A shorter URL for the above link:
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http://tinyurl.com/pakvcwz
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Justin Shekleton of New Hampton was being questioned about an apparent
argument outside a bar by Chickasaw County Deputy Ryan Eichenberger in
September 2008 when a change in his stance ultimately led to him being
tased, his lawsuit alleged.
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Shekleton, who has consistently denied he was a part of any argument, was
outside a bar when Eichenberger began questioning him. During the
conversation, Shekleton leaned against an outside wall of a nearby
building. Eichenberger interpreted Shekletons posture and stance as
aggressive in nature and ordered him to place his hands behind his back,
according to sheriff records. That order, however, was difficult and
painful for Shekleton because of a 1998 hunting accident that resulted in
his left arm having limited function and being stuck in a locked position,
his lawsuit said.
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Eichenberger attempted to place Shekleton into an arm bar, which was
unsuccessful. Ultimately, the deputy used a Taser and caused Shekleton to
fall to the ground and sustain head injuries, the lawsuit stated.
.
snip
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Charges against Shekleton for public intoxication and interference with
official acts were dismissed.
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Shekleton, now 34, sued, alleging unreasonable seizure and assault. He
told the Register he continues to take powerful painkillers daily because
of the head injury sustained in the incident.
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Outcome: Chickasaw County last year paid $150,000 to settle the case.
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Response: It was complete 100 percent police brutality, and it was
definitely a life-altering event. They were eager to use their new toy,
and I was the victim of that. Justin Shekleton
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The complete articles may be read at the URLs provided for each.
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