Judge moves Taser wrongful death suit closer to trial

SALT LAKE CITY — The family of Brian Cardall, who died after a Hurricane police officer twice stunned him with a Taser during a bipolar episode on a remote highway three years ago, might get their day in court.

U.S. District Judge Clark Waddoups moved the family's wrongful death lawsuit closer to a trial Wednesday when he ruled that some of its claims should go before a jury.

Cardall's wife, Anna, who was at the scene of the incident, says in the suit that officer Kenneth Thompson should not have used his Taser on her unarmed and naked husband.

"If Brian was not a danger to anyone when he was tased, then a reasonable jury could characterize the tasing as an intentional wrongful act without just cause," Waddoups wrote.

The suit alleges wrongful death, use of excessive force, deprivation of constitutional rights and intentional infliction of emotional distress. A trial date has not been set.

On June 9, 2008, the Cardalls were driving through Washington County on state Route 59 when Brian Cardall began acting strangely. Anna Cardall pulled over to get his medication out of the trunk. He took the medication but refused to get back in the car and took off all his clothes. Worried that he might be hit by a car, she called 911.

In the background, Brian Cardall, 32, could be heard screaming and talking about meeting the president. He also kept running into the road acting as if he were directing traffic. Police dispatchers informed responding officers that they were going into a "psychiatric" situation.

When Thompson, in uniform, and Hurricane Police Chief Lynn Excell, wearing a polo shirt with a police logo, arrived, they saw Brian Cardall standing naked in the turnout where Anna Cardall had parked the car. After initially telling Brian Cardall to “come here,” Thompson told him to get down on the ground 13 times, according to court documents.

Brian Cardall's comments indicate he believed that Thompson intended to harm Excell, and he begged him not to shoot, court documents state. “This is a standoff. Don’t shoot him” and “Standoff. Don’t shoot him, guys."

What happened next, court documents say, is subject to conflicting witness statements.