This was not just a case of an Officer using “rough” language to get the Complainant’s attention. He punctuated his offensive speech language by pushing the Taser between the Complainant’s buttocks, anal and genital areas.
What ever happened to protect and serve? asks Heike Winnig in a opinion article about the Streamwood police officer charged in the brutality case in the recent beating of the Illinois' motorist.
Just a year ago police in Boise Idaho in another police brutality case, Officers were accused of using a taser on man's buttocks and genitals. Nearly a year later, Boise Community Ombudsman Pierce Murphy found that a Boise police officer who used a Taser on a suspect's buttocks violated the police department's use-of-force policy and Boise Police Chief Masterson agreed.
Gerald Amidon, who sued the Boise police department for allegedly threatening to sodomize him with a taser and using excessive force in his arrest, including tasering him on the buttocks. He has now settled for only $150,000 and, despite a highly disturbing tape of the incident, the police department is able to claim no fault as part of the settlement.
The Boise Guardian reported that a settlement was reached in Federal Court in a civil case filed against four Boise Police officers. In his complaint, the plaintiff alleged the four Officers violated his civil rights by using excessive force during his 2009 arrest. The Boise Weekly reported ,the city has settled for an undisclosed amount of money with a man who Boise Police tased multiple times in the genitals nearly a year ago, according to a memo sent to Boise police officers.
KTRV Fox 12 - in Boise Idaho reported that there were no officials in the City of Boise who would speak with them on the settlement details. David Frasier, the editor of the Guardian was the only one who would share his opinion with them in their recent evening news report. He said " he deserved to know what his tax dollars were being spent on and he would like to know the exact amount of the settlement."
The 51 Page Report Ombudsman’s Report – Complaint Investigation and Findings
The clear preponderance of the evidence does not support the view that the Complainant was so resistant or aggressive that the use of the Taser on a handcuffed person was warranted. The Complainant’s resistance at the door was over. Any perceived resistance to being handcuffed was over. Sufficient time had passed since the struggle at the door that only the actions of the Complainant immediately prior to the use of the Taser on his buttocks were relevant to the level of resistance or aggression being shown by the Complainant. The Complainant was handcuffed and in custody.
The language Officer #3 directed toward the Complainant in this incident must be addressed. It contributes to the “totality of the circumstances” in which Officer #3’s second use of the Taser took place. Fifteen seconds after the Complainant was first tased, Officer #3 said"
“…Taser up your asshole.” Later, Officer #3 told the Complainant, “If you move again, I’m going to stick this Taser up your ass.” A few seconds after that, he tells the Complainant, “Feel that. That’s my Taser up your ass.” Less than a minute later, Officer #3 asks, “Now do you feel this in your balls?” and then tells the Complainant, “I’m going to tase your balls if you move again.” After the second use of the Taser, just before the Complainant was sat up, Officer #3 said to him, “I’m going to take this Taser out of your asshole now.”
While it is understood that, at times, officers must use “rough” language in order to quickly gain the attention of someone who is out of control, such was not the context within which Officer #3 used offensive and demeaning language. The Complainant was in handcuffs, he had the weight of three officers on top of him, and he was desperately trying to breathe more deeply so as to overcome the growing sense that he was suffocating.