Lawsuit of Man Killed by a Police Taser


The family of a Virginia man, Linwood Lambert, who was killed by a police taser in May 2013 is
filing a $25 million lawsuit.

The police first encountered Lambert at a motel because people had complained about his behavior. When they arrived, they handcuffed him and placed him inside the police vehicle. They drove him to the hospital because they were worried about his behavior. Once they arrived at the hospital, Lambert kicked the window of the car and the officers asked him to calm down. They then removed him from the car, and he immediately broke free and ran from them. One of the officers decided to shoot Lambert with a taser, which induced cardiac arrest and killed Lambert. There is video of the entire event.

The complaint alleges the police officers showed callous disregard for Lambert's life by tasing Lambert multiple times and not giving him medical care. In response to the lawsuit, the police have said that the taser was deployed because Lambert was violent at the time and had caused damage to property, so his actions were placing everyone else under risk.

Comments from Allen:

Though not generally considered "deadly force," tasers are frequently available to law enforcement officers, and tasers are very, very painful. The use of excessive force by law enforcement will probably be governed by federal civil rights law. As Virginia is situated in the Fourth Circuit Court of Appeals, the Fourth Circuit's outlining of the proper use of tasers will control.

A taser commonly has a camera on it that activates when the officer draws his taser from its holster. For whatever reason, it is not unusual for an officer to shoot a suspect more than once with a taser. The first shot electrocutes the suspect and stops him dead in his tracks. While there may be a justification for the first tasering, there must be an independent justification for a subsequent tasering, because it is never justifiable to taser someone who has been disarmed or who is, at the moment, disabled.

There are some cases in which the cop tasers a suspect a second time because he just happened to have a second, unused taser dart in his gun.

Under the law of the Fourth Circuit, the cop was probably justified in tasing a suspect running away after being lawfully arrested. However, if the suspect died as a result of a subsequent tasering, the entire focus of the court will be whether the suspect was in the act of resisting arrest at the time of that subsequent tasering, and whether it was necessary to use the taser in order to gain compliance with the officer's command to stop, and whether there is evidence the suspect died as a result of the subsequent tasering. The plaintiff will have to prove the officer "acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property," as opposed to "The cop made a stupid mistake." The video should make a huge difference in resolving this case.

I expect this case will settle, and that it will settle for far less than the absurd $25 million demanded by the plaintiff. In this case, the suspect died, and if liability is established, damages will be significant, but probably not anywhere near $25 million. It is precisely because some plaintiffs' attorneys ask for the moon and stars in their complaints that Idaho prohibits Plaintiffs from demanding any amount over the plaintiff's out-of-pocket financial losses and the state jurisdictional amount of $10,000.


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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://www.personalinjury.com/news/25m-lawsuit-filed-family-man-killed-police-tasers

http://wtvr.com/2015/11/12/richmond-man-dies-taser-video/

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