- Dec 11, 2006
- '88 Vic Wagon, '92 Honda VFR
http://www.courthousenews.com/2009/12/28/23144.htm(CN) - A suburban Chicago police officer Tasered a man 11 times while he was having a diabetic seizure, and the 56 seconds of needlessly inflicted electric shock, "inflicted ... while he was lying unresponsive on the floor of his bedroom, permanently scarred [him] and caused him neurological damage that has not abated," the man claims in Chicago Federal Court.
Prospero Lassi says he suffered a diabetes-induced seizure at home on April 9. His roommate called 911, and police from LaGrange Park and Brookfield responded, with EMTs from LaGrange Park.
Lassi says his roommate explained to police that he was having a diabetic seizure. Lassi "was not alert and could not move his body."
When the EMTs asked the cops to help them move Lassi from where he was lying on the floor, Lassi says, one of his "arms flailed during his diabetes-induced seizure, striking one of the LaGrange and Brookfield defendants. At no time did Mr. Lassi intentionally strike or offensively touch any of the LaGrange or Brookfield defendants."
Lassi says LaGrange Park Officer Darren Pedota responded by Tasering him 11 times, for nearly a minute, as he lay helpless.
He was hospitalized for 5 days, and was unable to work for 3 months because of the attack, "and his quality of life has suffered substantially," Lassi says.
"At no time did Mr. Lassi do anything to warrant the use of force against him. Mr. Lassi was never cited, arrested, or charged with any crime," according to the complaint.
He seeks punitive damages for battery, excessive force, and failure to intervene. He is represented by Arthur Loevy of Loevy & Loevy.
Nothing besides the legal system of the United States. What the 9th Circuit says is binding precedent--it's law--unless it's subsequently overturned, even if you don't like the result, even if you don't like the court, and even if you think it might eventually be overturned. It's the same principle that holds true for each and every other Circuit of the United States Court of Appeals.It's the 9th Circus, the court famous for (apparently) making decisions via dartboard and going way off the reservation. Largest circuit, most overturned circuit (IIRC). IMHO, nothing the 9th says is worth paying attention to until affirmed by other circuits or the Supreme Court - that's how much they've been overturned.
En banc hearings are rarely requested and more rarely granted, and even more rarely result in reversal. Petitions for certiorari to the United States Supreme Court are rarely requested, even more rarely granted, and even more rarely result in reversal.Also worth noting is that this isn't the end of the road - this was just a subset of the court that issued the decision. The decision can be appealed so the entire 9th (not just three justices) would hear the case, and then there's the Supreme Court after that. So not really final or binding, even in the 9th's jurisdiction.