4 lawsuits settled over Waveland police’s Taser use; chief wants devices back [The Sun Herald]

March 24--Waveland, which has faced at least 10 federal lawsuits since 2009 over its police force's use of Tasers, has settled four of the cases, court records show, but the city's legal defense bills will continue to rise at taxpayers' expense.

Though a settlement is not an admission of guilt, it spares the city the risk of exorbitant costs if a jury finds in favor of plaintiffs. The terms of the individual settlements are confidential by order of the court.

Four other Taser lawsuits against Waveland are pending and a judge has ruled in favor of the city and police in two cases and in favor of the city in a third. Another case is being appealed.

Officials have not released information on how much the city has spent on legal costs. The Sun Herald has filed a public-records request for that amount. The city's insurer had notified officials in 2011 lawsuit costs exceeded $340,000 and its insurance premiums were likely to increase. Lawsuits at the time included several excessive-

force complaints from previous years that didn't involve stun guns.

Mayor David Garcia and Police Chief Kenny Hurt said they are limited in what they can say because of pending lawsuits, but both agreed they're confident the police department is restoring the public's trust and the city is moving forward.

Neither was in office when the alleged excessive-force incidents occurred. Just after becoming mayor Dec. 8, 2010, Garcia directed then-Police Chief Jimmy Varnell to remove his officers' Tasers because of complaints.

The lawsuits began stacking up at a time the city could ill afford additional expenses. Waveland had lost all but one public building in Hurricane Katrina and nearly half its population, including out-of-state residents who owned summer homes across the beachfront town and contributed to the local economy.

Officials with the new administration learned the city essentially was broke -- it had a budget shortfall of nearly $1 million. The city fired its comptroller, furloughed workers and gave those who remained a 15 percent pay cut.

The city fired Varnell, citing ineffective leadership and problems with his budget.

Chief wants Tasers back

Hurt wants his officers to be able to use Tasers. Garcia said he isn't eager to consider it. Both said they believe Tasers are an effective law enforcement tool when used properly, "and when used with common sense," Hurt added.

Hurt said he's been pleased to hear positive comments about his officers. Several students and school classes have sent in handmade thank-you cards to show their support.

"It makes me feel good," he said. "Our focus is serving the public."

Hurt used to be against Tasers. He said he opposed them until he heard a Gulfport police officer talk about how his city had reduced its workers compensation costs after its agency began giving Tasers to a limited number of officers.

"I've had to call a neighboring agency twice to ask for an officer with a Taser to help us," Hurt said. "Both times we were dealing with the same man who had a knife and was threatening to cut anyone who came toward him, and we knew he had previously stabbed a relative. I'd rather my officers have a Taser if they need it than have to use lethal force or never make it home."

A review of the lawsuits shows three Waveland officers were each defendants in four excessive-force complaints from the previous administration. Six of the cases were settled, including four Taser cases, and four cases are pending.

The three men no longer work for the Waveland Police Department.

In the four settled Taser cases, the plaintiffs each had been pulled over on a suspected traffic violation. Three claimed they were tased while handcuffed.

Cuffed man stunned

Doyle Dahl said he was not acting improperly in March 2008 when an officer threatened to stun him until he urinated on himself. He said an officer grabbed his crotch and drive-stunned him 10 times, including some to his head, while he was handcuffed. A drive stun releases an electrical charge directly against the skin, as opposed to darts with prongs that shoot out from the Taser.

Court papers show the officer testified he stunned Dahl only twice and said Dahl wasn't handcuffed. A police official testified Dahl was in cuffs.

Waveland police began using Tasers in 2006. Sworn statements show Dahl's attorney planned to have an expert tell a jury the use of force was unreasonable because Dahl was not being aggressive and was not an immediate threat.

The expert was to testify a Taser should be used only on an "assaultive" subject, and said most agencies are using the drive stun less because it's designed for pain control and is not as effective as a Taser in dart mode.

Judicial decisions in Taser cases elsewhere have set standards that recommend police give resisting persons an opportunity to comply, warn them before the Taser is used, and give them time to recover from the pain before using it again. Those standards also consider whether a person is capable of complying with an order.

Others stunned repeatedly

In the other settled cases, Harold Arthur Barr said he didn't get out of his car as ordered in November 2008 because he was afraid police would stun him. He said police pulled him out through his window and threw him on the ground, and when he complained he had "a bad leg," police removed his boot and used the Taser on his leg, and took off his pants and used it on his buttocks, shoulder and back.

C.W. Parker, 71 at the time, was stopped for failing to yield the right of way in September 2008. He said he argued with police because they didn't like his attitude, and they handcuffed him and tased several times.

Evan Coote was stopped on suspicion of DUI in March 2008. He said he was handcuffed and stunned two or three times because he was being "too loud."

Focus on the positive

In the face of negative publicity, the mayor and Alderman Mark Kidd said the city is focusing on positive matters. The city has a new grocery store and several other new businesses, and plans are unfolding for the opening of a water park, volleyball courts and pavilions on the beach.

"A lot of good people live here," Kidd said. "We want to make this the best place there is to live, work and visit."

The city has brought most furloughed employees back to work and has restored pay levels for some of those affected by the 15-percent pay cut. Waveland now has a cash reserve of about $1.4 million. The State Auditor's Office expects the city to keep nine months of operating money in reserve, the mayor said.

"We will reach that goal of $2.8 million by the end of the year unless emergencies come up," he said. "I am confident the city is moving forward."

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