Davis County man sues over Tasering

Published: Saturday, Nov. 28 2009 12:00 a.m. MST

A Davis County man who was hit several times with a Taser is suing four police officers over what he says was excessive force used against him during a traffic stop in May.

Davis County sheriff's deputy Kevin Rose stopped Bruce Harper's vehicle May 2 on Redwood Road because of a crooked front license plate, according to a lawsuit filed this week in federal court.

Harper, who did not have a weapon, exited the vehicle to ask Rose why he was pulled over and the deputy immediately pointed a gun at Harper, the lawsuit states, and Rose was "fanatically screaming" at Harper to get back into his vehicle.

In a police report, Rose said Harper "refused to comply with my orders to get into the vehicle."

The lawsuit says Rose asked Harper to turn around and put his hands on his head, which he did, and then demanded that Harper get on his knees. The deputy's report differs, saying that Harper "would not comply" and began to walk toward the deputy while yelling. The report states Harper, after advancing close to the police car, did eventually comply, but was yelling and arguing with profanities.

Additional officers arrived and pulled their weapons on the plaintiff, according to the lawsuit which also names those officers. Within 30 seconds, one of the officers shot Harper with a Taser.

Harper was hit with a Taser a few other times, causing him to feel "like his heart was going to explode," the lawsuit states.

Each time Harper was hit with a Taser, "he believed he was going to die."

The lawsuit alleges that officers took turns using a Taser on Harper, each time screaming at him to quit resisting arrest. The police report states that officers continued attempting to place handcuffs on Harper, who proceeded to resist.

Harper claims the officers used reckless, excessive force and caused him substantial injury. He is seeking $200,000 plus punitive damages and attorney fees. Davis County, North Salt Lake, Bountiful and West Bountiful all are named in the lawsuit.

— Lana Groves

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