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Archive for Monday, February 13, 2012

Lawrence man sues Kansas highway patrolman over Tasing incident

February 13, 2012

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A 26-year-old Lawrence man has filed a lawsuit against a Kansas highway patrolman alleging the trooper used excessive force when he used a Taser during a 2011 Lawrence incident.

The suit alleges Trooper Ty Siebert used a Taser on Cody Larrick on Feb. 2, 2011, during a stop and investigation of Larrick.

The petition states Siebert came into contact with Larrick “during a motorist assist call.” According to Douglas County Jail and court records, troopers arrested Larrick that evening near 23rd and Louisiana streets on charges of DUI, possession of a depressant and obstruction.

Larrick later entered no-contest pleas to his third DUI and a misdemeanor drug possession charge while prosecutors dropped the obstruction charge, and he was sentenced to two days in jail and one year on probation.

In the civil suit, Larrick’s attorney claims Siebert used excessive force when he discharged his Taser and struck Larrick “in a vital organ” during the incident causing him to have both temporary and permanent injuries.

“Siebert used excessive force beyond the scope of force permitted or authorized pursuant to said officer’s training instruction manuals and code of conduct,” Larrick’s attorney wrote in the petition.

The suit also alleges Siebert “performed an unprivileged touching and striking” of Larrick “with the intent to bring about a contact that was harmful.”

In the petition, Larrick is seeking damages in excess of $75,000 on two separate counts against Siebert.

Daniel Stuart, a Leawood attorney representing Larrick, declined to comment beyond the petition filed in Douglas County District Court.

A Kansas Highway Patrol lieutenant could not immediately be reached for comment Monday.

Comments

skinny 2 years, 10 months ago

More than likely the incident was recorded on the Troopers in car camera so Larrick doesn't have a leg to stand on! Larrick's 3rd DUI?? WOW! Bet he does't resist arrest again! LOL

Food_for_Thought 2 years, 10 months ago

Vital organ? I wonder if this was the guy who got shot in the crotch...

RoeDapple 2 years, 10 months ago

Vital organ? Must have been his brain if he thinks he can win this one! Although my first thought was an organ a little closer to the floor . . .

rukidingme 2 years, 10 months ago

Vital organ??? - The needles on the end of the tazer are less than i inch long. Vital organs are Heart, lungs, liver etc. how did this small dart go through the skin, bones and end up inside of this DRUNK.

Nikki May 2 years, 10 months ago

What does "performed an unprivileged touching and striking" mean? May I have the privilege to strike you? It has been my privilege to strike you. But seriously, what does it mean?

ksjayhawk74 2 years, 10 months ago

Previous commenters, do I really have to spell out which organ was probably hit?...

What external organ do men have that is the most likely to be hit by a tazer?

And to the people saying, just don't drink and drive... Unless he was being dangerous and threatening the Highway Patrolman, they should not have tazed him.

CLARKKENT 2 years, 10 months ago

GOOD POST MIKE--THIRD DUI, HE IS LUCKY THE TROOPER DIDN'T JUST SHOOT HIM.

parrothead8 2 years, 10 months ago

State law says it should be a felony and that he should get a minimum of 90 days, $1500 fine, probation, treatment, one year of suspended driving privileges, and up to a year of vehicle impound.

How he got two days is beyond me. He should have got that for his first DUI.

mdfraz 2 years, 10 months ago

This is part of the problem with reporters not understanding what an "underyling sentence" is. As part of the probation, he would have probably received at least 90 days underlying, meaning if he screwed up on probation he would be subject to serving some or all of that time in the county jail. The two days referenced is time he actually would have spent in jail prior to starting his probationary period. Unfortunately, the reporter here probably doesn't understand that distinction.

I'd love to see the video (if there is one). First of all, it would almost certainly confirm this is a frivolous lawsuit that should be dismissed immediately, plus it would be entertaining to see this idiot get tased in the junk for being a drunk a**hole. I'm speculating as to his behavior, but I can't imagine he didn't do something to deserve it. Most cops, especially Highway Patrol, put up with a lot before they resort to a taser.

matahari 2 years, 10 months ago

ha ha ha, "copuntersue countersue countersue"

Mike Ford 2 years, 10 months ago

aint no stoppin now....we're on the loose....uh oh.....

Matthew Herbert 2 years, 10 months ago

@ Cheeseburger - two days jail, 1year probation AND HE GOT DONG TASED. That (last part) would be deterrent enough for me!

Cant_have_it_both_ways 2 years, 10 months ago

Another reason for looser pay. This ambulance chaser will be billing the taxpayer for this loosers lawyer fees.

bad_dog 2 years, 10 months ago

Is "looser pay" what one keeps inside tightened purse strings?

Perhaps this is the form of payment for "loosers lawyer fees".

lunacydetector 2 years, 10 months ago

maybe this guy drinks too much whiskey, but blames the taze instead?

brewmaster 2 years, 10 months ago

Two examples of societal scum - the worthless criminal and the sleazy lawyer that defends the worthless criminal?

DGL 2 years, 10 months ago

Under this fine young man's Facebook, his employer is listed as "Felon...need I say more," and he went to "Go F*** Yourself University." Outstanding.

bad_dog 2 years, 10 months ago

I can just imagine Debby Boone singing "You Light Up My Life" in the background...

cuzicare 2 years, 10 months ago

So what if the assumed perp is drunk and in minimal possession of his normal faculties (however limited or exceptional those may normally be). A cop ought to have some class even when (especially when) dealing with an incapacitated perp. Preliminary data as reported suggests this cop is a malicious, vindictive, bully sample of the genre--one that contributes to the negative view held by many people of those who are supposed to be our "protectors." Sounds like he forgot his mission and let his badge and ego get the better of him. Shame on him and stick it to him if that's true. Sorry for the doubts if it's not. We need cops who understand their proper role as peacemakers in our society, not bullies with a badge.

DillonBarnes 2 years, 10 months ago

What "preliminary data" is this? Your own assumptions?

jaywalker 2 years, 10 months ago

"So what if the assumed perp is drunk"

Third DUI @ 26. I'm for breaking his arm at the elbow. The kid got off waaaaaay too easy.

CLARKKENT 2 years, 10 months ago

C'MON RIDDLER, YOU REALLY LIKE THE DRUNKS ON THE ROAD. AS I SAID ABOVE, HE IS LUCKY THE TROOPER DIDN'T JUST SHOOT HIM.

rukidingme 2 years, 10 months ago

I have read and reread the article I don't see anywhere does it say he was tazed in the junk. Quit assuming that this was the vital organ. Maybe it was his eye, you ever think about that.

globehead 2 years, 10 months ago

Inasmuch as he had three DUIs, I'd assume the vital organ was not the brain. This moves his junk up on the hit list. With any luck at all, there will be no procreation here. That in itself would make the $75,000 a bargain for the rest of society should he actually win his suit.

Matthew Herbert 2 years, 10 months ago

You do the crime, you do the time - even if "the time" is the 15 seconds you are squirming on the ground peeing yourself. I have NO problem with what happened to this guy. 3 DUI's ought to earn you banishment to Topeka. Whatever happened to public punishment? Want to help the local economy? Bring back public punishment so that we can all go buy locally grown tomatoes to pelt them with and visit Hamm quarry to purchase locally mined stones to chuck at all offenders.

rukidingme 2 years, 10 months ago

Theriddler is a cop hater, he must have broken a few laws in his life.

Frightwig 2 years, 10 months ago

If being tazed in the beans prevents this guy from reproducing then the officer should be given a key to the city. Three DUIs by age 26? Why was he still driving??!!

Lawrence Morgan 2 years, 10 months ago

Most of these comments should be removed. They contribute nothing to the discussion, and bring about a lot of hate and anger.

classclown 2 years, 10 months ago

ksjayhawk74 (anonymous) says…

What external organ do men have that is the most likely to be hit by a tazer?

======================================================

His Skin! The human body's largest organ. http://web.jjay.cuny.edu/~acarpi/NSC/14-anatomy.htm

With the highest surface area, it would be the most likely to get hit.

What do I win?

tanaumaga 2 years, 10 months ago

Three dui's? Can I sue this guy for being a loser?

somedude20 2 years, 10 months ago

Lets hope the spillover benefits are that Mr. Larrick will not be able to create little Larricks

tolawdjk 2 years, 10 months ago

Provided it was his junk that took the hit, the officer should have been commended on his accuracy for hitting such a small target.

I mean a tazer isn't exactly laser guided. To hit a small moving target like that the guy must have been sniper trained. That or spending redonkulous hours playing XBox.

Richard Payton 2 years, 10 months ago

Was Whitney Houston a loser, I think not. She like this guy has a problem that requires treatment. Did this guy get what he deserved maybe or maybe not. I don't know but I hope that the officer made the right decision to use the taser. All officers put their lives on the line and I respect the tough jobs they do.

Kim Gouge 2 years, 10 months ago

She wasn't always a loser but she had become one.

Scott Morgan 2 years, 10 months ago

Dying in a bathtub dead as@ broke after being the queen of music. Not sure loser has a bigger image.

Matthew Herbert 2 years, 10 months ago

how I've gotten away with "dong tased" for 48 hours in a row now is beyond me. I consider it a personal victory for free speech

Nickie1033 2 years, 10 months ago

Just to clear the air because I know of this fellow. He indeed got tased in his pen**...

shortone 2 years, 10 months ago

This young man obviously is in need of some major treatment, may the enablers stop enabling this young man to continue down this destructive path. This in no way mitigates any excessive force on Mr. Larrick, but also does not constitute paying this gentleman any cash only payment for medical bills. I can only assume he is not responsible enough to handle any type of settlement of this nature. We could be reading a different story shortly after he gets any payout.

classclown 2 years, 10 months ago

Somehow this reminds me of that old joke "Do you smoke after sex?"

garyr 2 years, 10 months ago

Personally, I commend the officer for hitting him in the junk! Who wants this guy to pro-create anyway?

Jeremiah Jefferson 2 years, 10 months ago

I really question the physical fitness of an officer or officers not just in lawrence, but everywhere when they have to result to excessive force by using tasers and such. It shouldn't be that hard for a well trailned and physically fit officer of the law to subdue a suspect with out resulting to use of weapons like tazers, clubs and so forth. I know when I was in the military we had to do physical training every day and were subjected to periodic physical fitness evaluations based on our age. Does lawenforcement not believe in doing so? I see a lot of cops who look like they are smuggling turkeys under their shirts and thats concerning to me. Im not saying that what this guy did was right. He was clearly in violation of the law on his 3rd DUI and perhaps his actions waranted such a response from the officer in question. I could be wrong, but there doesn't apear to be much emphasis on keeping physically fit for law enforcement officials. Tasers and other weapons should be used only as a last resort and all to often its the other way around.

Matthew Herbert 2 years, 10 months ago

"shouldn't be that hard to subdue a suspect"..... Yeah, it's probably not that hard for them to do, but why should they have to? If you're stopped by an officer, don't resist; it's pretty simple. If you do resist, why should the officer endanger themselves fighting you? It's really simple - you resist, you get tased. As a citizen of Lawrence I have no problem living up to that standard. If I ever resist arrest, I expect to be tased.

jaywalker 2 years, 10 months ago

"I really question the physical fitness of an officer or officers not just in lawrence, but everywhere when they have to result to excessive force by using tasers and such"

Cop a clue. The use of Tazers is to avoid person to person conflict and injury to either. And the person to be tazed is forewarned unless they're attacking. It has nothing to do with how "physically fit" an officer is.

Flap Doodle 2 years, 10 months ago

LEOs do not owe miscreants a fair fight.

mdfraz 2 years, 10 months ago

Absolutely correct. Why should a cop have to wrestle/punch/tackle a suspect, even if they are physically capable, and risk getting hurt? Cops face enough danger any time they put on the uniform; why would they voluntarily choose to engage in hand to hand combat when they have other tools at their disposal?

catfish, a handgun is the weapon of "last resort". The taser falls somewhere between simple physical control by laying on of hands and a firearm; similar to where pepper spray and batons fall (would you prefer getting you a** beat with a baton where you risk bruises, broken bones, concussions etc?). For the VAST majority of people on which tasers are employed there are no long term (or really short term) effects, and the taser is incredibly effective at gaining compliance and control. Of course there are instances where police step over the line and those are ones you hear about; however, what you don't hear about is the other 96, 97, 98 or 99% of the time where cops do their job and they do it fairly and appropriately.

Whether you like it or not, or whether you agree with the officer or not, they are to be obeyed. If you have a problem with what they do in a certain situation, take it up with their superiors, the city or county commission (or KHP), the media, or if you really truly think you've been wronged, try suing. But saying that use of tasers is "excessive force", especially without facts to back up that assertion, is ridiculous.

Scott Morgan 2 years, 10 months ago

Exactly mi amigo, you cops stay safe. If you wish to avoid some volts to the scrote, then simply obey commands.

UUUUUUUoohhhamomma that stings.

RoeDapple 2 years, 10 months ago

Hey, I too have been tased once, and pepper sprayed a couple of times. Not voluntarily, but when your buddies get a little juiced up . . .

Anyway, it wasn't the most pleasant experience but I survived just fine . .

Except for a slight st-st-stutter. Minor paranoia. Fear of crowds . . and my buddies . . .

tolawdjk 2 years, 10 months ago

How do we know his performance wasn't lacking before the incident?

I mean whiskey has been around for forever and they still had to invent Viagra. My guess is that he's had "issues" prior to this.

It's not like his friends are going to stop calling hime "Wattage Wang" if he wins his case.

sseverhe1 2 years, 10 months ago

It would seem that only one side of the incident was reported! Perhaps the story could have waited until a complete accounting was available. Did the newspaper need a "filler" story yesterday?

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