Man paralyzed in Taser incident sues L.A. County Sheriff's Department

A man left paralyzed below the chest after he fell from the top bunk of a jail bed at the Lakewood sheriff's station when a deputy used a stun gun on him sued the department today for violating his civil rights.

Blake Dupree filed the federal lawsuit for battery, assault and negligence against the Los Angeles County Sheriff's Department, several deputies and two sheriff’s supervisors for the incident, much of which was captured on videotape. The two supervisors are the subject of an internal misconduct investigation for authorizing the use of a stun gun because Dupree refused to come out of his cell and submit to electronic fingerprinting.

According to the lawsuit, Dupree was standing from four to seven feet above the concrete jail floor on a bunk with his hands raised in a defensive posture Feb. 27, 2007, when he was stunned with a Taser gun, which delivers a 50,000-volt shock. The suit alleges Dupree fell and, instead of giving him medical treatment, sheriff’s supervisors ordered him to stand up and deputies carried him to the fingerprint area and dumped him on the floor.

“Defendants’ actions rendered Plaintiff paraplegic. Plaintiff has no use of his mid to lower torso or legs, and limited use of his arms,” wrote Dupree's attorney, Justin Sanders. "Deputies knew Dupree’s muscles would be incapacitated by the electro-muscular disruption of the Taser rendering him unable to break his fall."

Sheriff Lee Baca told The Times last year that "common sense" should have dictated that using the Taser on Dupree was inappropriate while he was on the bunk and likely to fall as a result of being shocked. The suit was filed after settlement negotiations broke down with the 22-year-old Dupree in Rancho Los Amigos National Rehabilitation Center in Downey.

After the incident, the Sheriff’s Department launched an investigation to determine whether use of the Taser violated department policy, Sanders said. Department rules prohibit using the device on "persons in danger of falling or becoming entangled in machinery or heavy equipment which could result in death or serious bodily injury."

Despite the prohibition, the policy allows for supervisors to decide whether use of a Taser is warranted on a case-by-case basis. Lt. James Tatreau Jr., who authorized the use of the device on Dupree, was reassigned to administrative duties along with an unnamed sergeant. Tatreau, a former driver and bodyguard for Baca, had previously organized a game called "Operation Any Booking," in which deputies competed to see how many people they could arrest.

Dupree had been arrested after he allegedly took his mother’s car without her permission. At the jail, he acted erratically and refused to cooperate, deputies said. According to Sheriff’s Department reports obtained by The Times, Dupree was given a verbal warning by Tatreau, who had conferred with the sergeant on the scene, and a deputy was ordered to fire the equivalent of a warning shot by activating the Taser, allowing Dupree to hear its buzz.

After the warnings, Dupree stood on the bunk and began to move toward the edge, in the direction of the deputies, according to sheriff’s spokesman Steve Whitmore. It was then that a deputy shot Dupree with the Taser, causing him to fall to the floor.

-- Richard Winton

Comments

[G]

Tasers should only be used by Officers in self defense, where lethal force is not justified, but physical force is necessary (i.e. substitute for a baton). Law enforcement should NOT use Tasers merely to force compliance with verbal orders. To do so is in my opinion excessive force and constitutes torture, since Tasers electrocute their target and incapacitate them, much like in Iran and Saudi Arabia.

[CITIZEN]

Dumb cop

[Hector Molina]

Hard to comprehend the mindset that would justify this type of cruel treatment under any circumstance and that these deputies are supposedly trained professionals that will receive generous pensions should they make it to retirement.

[Joe Smith]

Critical comments are coming from those that have no idea how dangerous law enforcement work is. Tasers are simply another less-lethal option (like OC spray and batons) that allow an officer to control a combative suspect, while minimizing the danger to the officer. If all officers waited until they are attacked to react with these control methods, you'd have a lot more injured or dead officers. For those of you who have never so much as been in a schoolyard fight, you simply have no idea how fast you can get hurt. Add into the equation someone who is on drugs, or has nothing to lose, and you risk permanent inury or death.

[lawman]

As a law enforcement officer the facts sound as though there was excessive force.

[Dan Lavoy]

Unbelievable that this Tatreau is still on the Sheriff's Dept, or in any law enforcement capacity. He has proven himself to be incompetent as a supervisor and law enforcement officer. I guess it's all about who you know (Baca's driver) than what you know. Until the Sheriff's department gets tired of bleeding money from his incompetence, he'll stick around in his safe cushy job. And for a deputy and a sergeant to blindly follow his orders and not be aware of the policies as well speaks volumes of their training.

[Trista]

Those cops are horrible! They tried to nab me 5 years ago for stealing my parents' car when my car was in the shop and my mom let me borrow hers. They had nothing on me so they had to let me go after 5 minutes of nagging and questioning. I am not surprised this happened. I hope they get what they deserve!

[Marlena Munoz]

This is one case the County needs to settle and pay immediately. Those deputies need to be fired too for costing the taxpayers alot of money. FLAKES!

[usaid@gmail.com]

Some cops are nothing but glorified bullet sponges.
The cops should be prosecuted for assault and attempted murder. Police should not be allowed to use electrical stun guns, these guns just give them the right to mistreat inmates or persons being detained for no other reason than the cops personal enjoyment.

[Soosie]

I took the taser class. I have the manual here. You don't taser someone who could fall. Baca is right. That was not common sense. I hate it when police make these obvious mistakes. There are some good cops, some bad and some are just plain stupid.

[Another Joe]

@ Joe Smith: What imminent danger was the officer in when the man in question was in a jail cell? If the officers had done their job at arrest, the man would have no weapons on him. I don't see how you can justify using a taser (a weapon) on an unarmed man. That doesn't include the fact that the idiot obviously didn't follow their own procedures of not tasering a person who could fall and hurt themselves.

The same thing happened in New York a few months back except the guy fell a few stories to his death.

[Tim]

If the guy is on a bunk bed and he's ordered to get down, the picture I'm seeing is the bed is against the wall and the deputies are not against the wall, so if he's ordered to get down the only direction he could go is away from the wall toward the deputies. Another picture I'm seeing is "deputies". This means many deputies. Are they not capable of handling an unarmed man without the taser? Weren't they trained for that?

[hummingbird]

LA has the worst cops in the nation. How many millions has the city, county, and state shelled out to payoff the victims.

Jail brutal cops!

[Curious George]

Just a small nit, but a stun gun is not synomous with Taser. A Taser fires two copper wires with probes, and delivers the shock. A stun gun is typically delivers its charge by direct contact.

I would think the reporter would know this. Maybe the editor was just being lazy.

Tasers were supposed to be less lethal weapons, but every police department in the country uses them as tools of pain compliance. It sounds like these deputies were doing just that.

[RICHARD]

What about the civil rights of the people violated by this loser? I say to hell with him! He got what he deserved.

[NoMoreCrimeIfParalyzed]

At least he won't be committing another crime. He deserves it. Let it go!!!

[Mufon]

Typical response from people who sit in the safety of their white, middle-class secure homes with alarms, letting others place their safety and welfare on the line, then criticizing them for it. Of course, understanding of physical threats shouldn't be expected from those who have never or seldom experience it, and base their opinions and beliefs on studies and news reports.

[Paul]

You know...grew up disliking police officers themselves because of the "things" that they have done. But ask yourselves this question: What happens when you have a child that has no discipline? A child that gets away with "murder" with no reprocussions? Now apply that to the police force. They do not shoot after being shot at. No. They litterally shoot first, take a paid vacation (administrative leave while the department "investigates") and then either get back to work or at the very most get fired. They are more concerned with protecting themselves than the lives that they are sworn and paid to protect. I really don't blame them anymore. I blame the system that doesn't punish them correctly. A system that employs the biggest, most heavily funded gang in the city and lets it run amok. Time for it to stop.

[ZipLoc]

Mr. Dupree was in a secure area, not going anywhere. He failed to comply with the deputies orders but was not putting anyone in danger. They should have put their egos aside and just locked the door until he calmed down, came off of anything he may have been high on, or agreed to comply with fingerprinting. The inability to immediately fingerprint him hardly made him a danger to others and did not justify the deputies actions.

[rescuedogs62]

Joe Smith,
It never amazes that nurses and medical personnel can do a take down on a combative pschotic patient without weapons or tasers, and police cannot manage it with a prisoner in a lock cell, who has no weapon.

[tom]

"Tatreau, a former driver and bodyguard for Baca, had previously organized a game called "Operation Any Booking," in which deputies competed to see how many people they could arrest." (AND PARALYZE FROM THE WAIST DOWN!)

[Mufon]

I'm impressed with the knowledge of use of force and the tactical prowess commented upon by the posters. The only thing missing from most of the posts: courage. Why not quit criticizing, and do something substantive? Join the sheriff's department, make a difference, be part of the solution. If you are so skilled, you can remove these idiots like Dupree from their cells and maintain order in the jail. But don't go weeping to your crisis counselor when you're criticized for your split second decision.

[Mufon]

And look at Soosie, she's ready right now to extract violent felony suspects from their cell without causing them any harm. She not only took the taser class, but she's got the manual!

[Grant]

Gee, ANOTHER dumb cop? Who could have guessed? I love how so much of our tax money is wasted to pay to keep stupid people on the payroll. Maybe someday we'll actually start requiring our LEOs to be educated, and pay them a decent wage.

[Ray L]

Typical Sheriff Baca making comment "Common Sense" to placate the media without knowing the facts of the case. The Sheriff has had 10 years in office ,,,2010 is next election...wake up people. Look at his travel schedule. He is out of the country all of the time acceptiing free trips overseas. Why doesnt the times question this. He went over to solve the Middle East Crisis and even wrote a position paper on it. Tatreau was a pawn so he can pander to the board.

[Wake up]

Damn if you do, damn if you don't... Go be the cop if your going to do nothing but cry... Anyone ever think about dumb people who commit crimes? He got what he deserves, only in America does a bad guy come out richer from jail then when he went it for a crime...