From Deseret News archives:
Lawsuit filed over Uintah YouTube Taser incident
The lawsuit was filed Friday afternoon against UHP Trooper Jon Gardner, who pulled Jared Massey over for speeding on Sept. 14 on U.S. 40 near Vernal. It accuses him of excessive force and seeks an unnamed amount in damages.
"There was no need for Gardner to Taser Massey because Massey was non-violent, not threatening in any way, not fleeing and not resisting arrest," the lawsuit states.
Massey declined to comment on the lawsuit when contacted by the Deseret Morning News on Friday. In past interviews, he has said he didn't want to sue but wanted the trooper's superiors to decide if the conduct was appropriate.
In a Nov. 27 letter filed with the lawsuit, Massey called for Gardner to be "justly punished" by the UHP.
"I also request that those who have participated in the cover-up of this misconduct to be disciplined," he wrote, "and that other actions be taken to assure the public that this type of abuse by a highway patrol officer will not be allowed to occur and will not be covered up if it does occur in the future."
Frustrated that authorities were taking too long to investigate his complaint, Massey had the dash-cam recording of the traffic stop posted on YouTube in November. It became an international hit — being viewed more than 1 million times.
In a version of the infamous traffic stop described in court papers, Massey disagreed that he was speeding, but wound up with a citation anyway. He refused to sign it because he wanted to see the speed limit sign.
"Signing a citation is not required under Utah law," Massey's lawyer Robert Sykes wrote in the lawsuit. "Gardner could have left the citation with Massey with the exact same effect as having Massey sign it."
Instead, Massey was ordered to exit to the vehicle, "as if to allow Massey to show him what he meant," the lawsuit said. Gardner walked to his cruiser as Massey left his SUV.
"Gardner never advised Massey, prior to Massey's exiting the vehicle, that he was under arrest, or that Gardner intended to put Massey under arrest after he exited the vehicle," Sykes wrote. "After Massey exited the vehicle, he walked calmly toward the officer's cruiser, pointing to the sign down the road with his left hand, and stating that he did not think he had been speeding prior to the 40 mph sign."
"While Massey was pointing forward with his left hand, his right hand was at his side, with the thumb hooked inside of his right pant pocket, but the right hand outside the pocket."
