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DISABILITY-RESEARCH  December 2013

DISABILITY-RESEARCH December 2013

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Subject:

POLICE BRUTALITY : TASER GUNS : DISABILITIES: PHYSICAL : LAW CASES: Justin Shekleton: Taser Used on Physically Disabled Man

From:

"David P. Dillard" <[log in to unmask]>

Reply-To:

David P. Dillard

Date:

Mon, 23 Dec 2013 15:18:30 -0500

Content-Type:

TEXT/PLAIN

Parts/Attachments:

Parts/Attachments

TEXT/PLAIN (450 lines)

.

.


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

.

A shorter URL for the above link:

.

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

.

A shorter URL for the above link:

.

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.

.

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.

.

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.

.

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.

.

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.

.

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

.

.


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

.

A shorter URL for the above link:

.

http://tinyurl.com/pakvcwz

.

.


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.

.

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.

.

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

.

Charges against Shekleton for public intoxication and interference with 
official acts were dismissed.

.

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.

.

Outcome: Chickasaw County last year paid $150,000 to settle the case.

.

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

.

.

The complete articles may be read at the URLs provided for each.

.

.

WEBBIB1314

.

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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
[log in to unmask]
http://workface.com/e/daviddillard

Net-Gold
http://groups.yahoo.com/group/net-gold
http://listserv.temple.edu/archives/net-gold.html
Index: http://tinyurl.com/myxb4w

General Internet & Print Resources
http://guides.temple.edu/general-internet
COUNTRIES
http://guides.temple.edu/general-country-info
EMPLOYMENT
http://guides.temple.edu/EMPLOYMENT
TOURISM
http://guides.temple.edu/tourism
DISABILITIES
http://guides.temple.edu/DISABILITIES
INDOOR GARDENING
http://tech.groups.yahoo.com/group/IndoorGardeningUrban/
Educator-Gold
http://groups.yahoo.com/group/Educator-Gold/
K12ADMINLIFE
http://groups.yahoo.com/group/K12AdminLIFE/
The Russell Conwell Learning Center Research Guide:
THE COLLEGE LEARNING CENTER
http://tinyurl.com/yae7w79
Information Literacy
http://guides.temple.edu/infolit

Nina Dillard's Photographs on Net-Gold
http://tinyurl.com/36qd2o
and also at
http://www.flickr.com/photos/neemers/

Twitter: davidpdillard

Temple University Site Map
https://sites.google.com/site/templeunivsitemap/home


Bushell, R. & Sheldon, P. (eds),
Wellness and Tourism: Mind, Body, Spirit,
Place, New York: Cognizant Communication Books.
Wellness Tourism: Bibliographic and Webliographic Essay
David P. Dillard
http://tinyurl.com/p63whl

INDOOR GARDENING
Improve Your Chances for Indoor Gardening Success
http://tech.groups.yahoo.com/group/IndoorGardeningUrban/

SPORT-MED
https://www.jiscmail.ac.uk/lists/sport-med.html
http://groups.yahoo.com/group/sports-med/
http://listserv.temple.edu/archives/sport-med.html

HEALTH DIET FITNESS RECREATION SPORTS TOURISM
http://health.groups.yahoo.com/group/healthrecsport/
http://listserv.temple.edu/archives/health-recreation-sports-tourism.html






.

.

Please Ignore All Links to JIGLU
in search results for Net-Gold and related lists.
The Net-Gold relationship with JIGLU has
been terminated by JIGLU and these are dead links.
http://groups.yahoo.com/group/Net-Gold/message/30664
http://health.groups.yahoo.com/group/healthrecsport/message/145
Temple University Listserv Alert :
Years 2009 and 2010 Eliminated from Archives
https://sites.google.com/site/templeuniversitylistservalert/


.

.

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