Family files wrongful death suit in Brian Cardall's death

SALT LAKE CITY — The family of Brian Cardall, who died in the middle of a bipolar episode after a Hurricane police officer twice used a Taser to subdue him, filed a lawsuit Thursday against those they believe are responsible for his death.

Cardall's wife, Anna, daughters Ava and Bella and parents Duane and Margaret are all listed as plaintiffs in the suit, which names the city of Hurricane, Hurricane police officer Kenneth Thompson, Hurricane Police Chief Lynn Excell and any others involved in the death of the 32-year-old man.

Alleging wrongful death, deprivation of constitutional rights, violation of the Utah Constitution and intentional infliction of emotional distress, the family is asking for a jury trial to hear the matter.

The lawsuit filed in federal court states that officers not only used excessive force against Brian Cardall but deprived Anna Cardall of her Fourth Amendment rights when they allegedly detained her and interrogated her without probable cause.

On June 9, Anna Cardall called 911 to describe a frantic scene of her husband taking off all of his clothes and running onto state Route 59 trying to either flag down vehicles or direct traffic. In a recording of the emergency call, she told dispatchers she was scared and worried that her husband, who had a bipolar disorder, was going to be hit by a vehicle.

In the background, Brian Cardall could be heard screaming several nonsensical sentences. Law enforcement officers, including Thompson and Excell, quickly arrived at the scene and, according to the lawsuit, were fully aware of the situation. It states that they knew Cardall was bipolar, had recently taken medication that had yet to take effect, was trying to direct traffic and talking about meeting with the president.

Cardall was no longer in the roadway when officers arrived, the lawsuit alleges, but Thompson nevertheless exited his vehicle with his Taser drawn. He never attempted to calm Cardall down, nor did he use physical force or pepper spray, which he had at his disposal, to take control of the situation, according to the suit.

The lawsuit describes a thin, naked and unarmed man pleading with police not to shoot. He was then shot twice with a Taser on his "naked chest immediately over his heart" after taking "at most, one step" forward, the lawsuit says. Although Cardall fell to the ground after the first shot was deployed, a second Taser cycle was deployed.