Legal news for Utah wrongful death attorneys. The family of bipolar man who was killed by a police Taser filed a lawsuit.
A wrongful death lawsuit claims a man with bipolar disorder is dead because of a police officer’s Taser.
Salt Lake City, UT—A man who was in the middle of a manic bipolar episode was killed after a Hurricane police office shot him twice with a Taser, prompting his family to file a wrongful-death lawsuit. The suit was filed on Thursday, April 8, 2010, which names the city of Hurricane police officer Kenneth Thompson, Hurricane Police Chief Lynn Excell and any other people who were involved in the man’s death as the defendants, according to the Desert News.
The family of Brian Cardall, 32, including his wife, Anna, daughters Ava and Bella and parents Duane and Margaret, all accuse the defendants of wrongful death, deprivation of constitutional rights, violation of the Utah Constitution and intentional infliction of emotion distress. The suit, which is also asking for a jury trial, was filed in federal courts claiming the officers used excessive force against Cardall and violated Mrs. Cardall’s Fourth Amendment rights when they allegedly detained and interrogated her without probable cause.
The suit centers around an incident that occurred on June 9, when Anna Cardell called 911 to report that her husband was experiencing a bipolar episode and had stropped off all his clothes and ran into state Route 59. He apparently was either trying to flag down cars or direct traffic. In a recording of the 911 call, Anna could be heard saying to the dispatcher that she was scared that her husband, who has a bipolar disorder, was gong to be ran over by a car. The recording even caught Brian screaming several nonsensical sentences in the background. When police officers showed up at the scene, including Thompson and Excell, they were fully aware of the situation, according to the lawsuit. The cops were allegedly aware that Cardall was bipolar and have just taken medicine but it hasn’t taken effect yet as he rambled on about meeting the president and tried to direct traffic. The suit contends that Cardall wasn’t in the road when officer arrived, but Thompson still jumped out of his car with his Taser drawn and never tried to calm Cardall down. He allegedly didn’t even use pepper spray before shooting him twice on his “naked chest immediately over his heart.”
The officers didn’t check his vitals and left him face down in the dirt, despite Anna’s requests to check if he is still breathing. Another officer who arrived at the scene noticed that Cardall has blue lips and showed signs of cardiac arrest.
Then-pregnant Anna was not allowed to go to the hospital with her husband, but inside was taken to the jail, where she was allegedly taken into custody. Police interrogated her, her requests about her husband’s condition were denied, and she wasn’t even allowed to get a clean diaper for her baby. The police officers then informed her that her husband was dead.
Legal News Reporter: Nicole Howley-Legal news for Utah wrongful death lawyers.