Deseret News | Lawsuit filed over Uintah YouTube Taser incident

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Lawsuit filed over Uintah YouTube Taser incident

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Stenar | 1:28 p.m. Jan. 18, 2008

HURRAH! Good for Massey standing up for himself and the rights of all Utah citizens not to be tasered indiscriminately.

lifer | 1:36 p.m. Jan. 18, 2008

Personally, I'd love to see the UHP get nailed on this one.

However, I don't think what Gardner did was necessarily illegal.

All signing the citation means is that you acknowledge receiving the citation and agree to appear when required.

While you don't have to sign it, I'm pretty sure the cop has the authority to take you in if you refuse to sign -- precisely because by not signing you are not agreeing to appear at that future date and time.

Dai'Shar | 1:42 p.m. Jan. 18, 2008

Perhaps Gardner should be tasered "justifiably" and taunted while he is lying helplessly on the ground. Excessive force WAS used and Massey should have filed the lawsuit initially instead of only wanting a just outcome. In this day and age there is no "just" outcome unless you force the issue. An apology is too much to give freely, you have to file a lawsuit to get it.

Comments continue below

Anonymous | 1:45 p.m. Jan. 18, 2008

Stener, apparently you didn't watch the video. It shows that there most certainly was a reason for the officer to zap the guy, and I'm sure any judge in any court will see it that way.

Massey tried to grab his 15 minutes of fame and now can't let it go. Dude should have just signed the ticket and then documented and got photos and faught it the way a normal man would. Instead he choose this and I hope he gets the book thrown at him to it's fullest extent.

stupid people | 1:45 p.m. Jan. 18, 2008

Why are people so stupid. He needs to be sued by the UHP for putting an officers life in danger by wandering all over the side of the road. Just obey the law, and shut up and follow orders and everybody wins.

Anonymous | 1:50 p.m. Jan. 18, 2008

Gardner needs to be tased and kicked off the police force. Despite UHP's spin doctoring, the incident is a clear example of police brutality.

I'm for the UHP | 1:50 p.m. Jan. 18, 2008

I think Massey was being defiant and un-cooperative and deserved to be tasered.

Taser deaths | 1:51 p.m. Jan. 18, 2008

The death Tuesday of a 29-year-old, otherwise-healthy Minnesota man Tuesday under similar circumstances certainly ought to be a red-flag for law-enforcement agencies using tasers. He died immediately after being tasered by a group of 5 state troopers. He had just crashed his car and was described by the 5 troopers as being "uncooperative" (sound familiar), although they declined to be specific. A recent study showed that from 2003-2005, 36 deaths occurred shortly after tasering, although about half of those turned out to have other complicating factors. It would seem to me that tasering ought to be classified as "deadly force", since it could certainly result in same.

In Massey's case, the video seems to show that he fell partially into the actual roadway, where he could have been hit by an oncoming car (even on the shoulder, there are numerous incidents of troopers or others being hit by passing cars). To make it worse, the trooper leaves him there, in the roadway for quite awhile. If that is accurate, it shows additional disregard for Massey's safety by Trooper Gardner. Massey actually got himself up out of the roadway with no help from the trooper after he was cuffed.

whitedogg | 1:52 p.m. Jan. 18, 2008

We all need to stand up for our rights, what the officer did was plain and simple abuse. Why are non violent offenders being delt with in a violent way? Fight corruption!

Larry | 1:52 p.m. Jan. 18, 2008

They should haye put the UHP cop behind a desk for a year until he learned his Job; and some control and procedure!

Paul | 1:55 p.m. Jan. 18, 2008

I don't think Massey has anything to stand on. The whole situation is crazy. The trooper has no idea what the intention of Massey getting out of his car is and when he goes to walk back to the vehicle. The troopers see a lot of crazy things during a day. Even if Massey is the greatest guy on the earth the trooper doesn't know that and when the suspect gets out of his vehicle and refuses to obey the officer he was playing with fire.

The whole situation should have been handled better, even on Massey's part.

In today's sue happy society this doesn't surprise me.

Won't win | 1:58 p.m. Jan. 18, 2008

What a nut job. Sue sue sue.. the American way!! The kid put his hands in his pockets and then expects the officer to do nothing. Who does that? The kid has a temper problem and obviously a greed problem.

Responsibility | 2:04 p.m. Jan. 18, 2008

That's what's wrong with our society....blame it on someone else. I'm with the UHP trooper on this. When Massey is turning back to his vehicle you can't see his left hand. Who knows if he has a gun or some other weapon? Likewise with the wife....just because you're pregnant doesn't mean you can't shoot a gun. Step up and accept your actions. Just because you sign the ticket doesn't mean you're accepting guilt.

Chris | 2:10 p.m. Jan. 18, 2008

The UHP officer gave no notice that he was going to taser the guy. He abused his authority in this situation not only by tasering the guy but by taunting him afterwards.(I could only imagine what would have happened if Massey would have taunted the officer like he did to him.) The UHP was wrong in siding with their officer, there shouldn't ever be double standards when dealing with the public.

Jason | 2:12 p.m. Jan. 18, 2008

I believe that those who support the UHP and Officer Gardner, will NEVER admit to execessive force charges. To them, there is no such thing. Theey will always 'spin' the victim into the potentially dangerous criminal. While dangers exist, this was OBVIOUSLY not the case.

The 'fingers in the pocket' excuse is plain stupid. If Gardner had a problem, he could have simply said, "take your hands out of your pocket" and the problem would be solved. His lying to another officer proves his guilt.

Anne | 2:18 p.m. Jan. 18, 2008

I usually don't like the typical authority-driven LEO, but
you Monday-morning quarterbacks weren't in the situation,
with split seconds to make a judgment.
While we do expect a higher standard from law officers, and
UHP does need to improve training in use of tasers and
the even more powerful weapons, patience and communication, . . .
kids like Jared need improved training in the greater lessons
of life, like humility and good judgment. It's not smart to be
a vigilante when The Man has the force.

Even the edited version of the dash-cam he posted on YouTube show how much he was out to make that trooper behave.
If we let everyone mouth off to our LEOs, I fear for other
youngsters getting worse in lesser situations, as officers get
fed up with mouthy kids.

Anonymous | 2:22 p.m. Jan. 18, 2008

They are both complete and total idiots. The cop needs to be fired and Massey needs to grow up and move on!

50000 volts | 2:33 p.m. Jan. 18, 2008

He got what he asked for. Time for people in Utah to support law enforcement. The guy used exremely poor judgement. Go ahead and give the officer a reason to taze you and he will.

Provo resident | 2:36 p.m. Jan. 18, 2008

Good for Massey. As this UHP review demonstrates(as have numerous similar reviews), the police and their review boards are only interested in shielding the police from criticism and the consequences of their actions; a just review is never a possibility. Excessive force and police misbehavior will only stop when lawsuits start exacting a high enough financial toll to force the issue. The police will never police themselves voluntarily.

Anonymous | 2:38 p.m. Jan. 18, 2008

These men and women who serve us every day by protecting us, also deserve our respect. When we fail to show respect for them, we deserve anything that they give us. They serve us and protect us. We should also be looking out for them.

Anonymous | 2:40 p.m. Jan. 18, 2008

Massey had no reason to leave the vehicle. He at no time during the incident informed the officer of what he was trying to do when he exited the vehicle - hence the office had no idea as to what he was doing. The tasing WAS justified - How would the officer not know that Massey was armed or anything else? This suit further demonstrates that Massey needs his ego stroked further - give it up!

legalese | 2:40 p.m. Jan. 18, 2008

Great!
Use the legal system to put a stop to the growing fascism in this country.

To: stupid people | 2:41 p.m. Jan. 18, 2008

You chose your name wisely. I have read the same statements you made many times... but it was in German, from German citizens, officers and soldiers who just shut up and followed the laws that Hitler had established.

Common Sense | 2:43 p.m. Jan. 18, 2008

Obviously, Massey was lacking scruples, as he believed he could do what he wanted on a Federal roadway. I'm not saying the actions of the officer were completely warranted; however, I am suggesting that Massey's actions were unwarranted and reckless. His behavior demonstrates his belief that he was above the law. He was clearly arrogant in his demeanor and approach with the officer. Why he thought he could simply walk back to his vehicle after he was asked to exit it originally is beyond comprehension. My six year old understands how to follow instructions better than Massey. What a waste of our time and tax-payer's money to have to now entertain Massey's legal pandering. I'd be curious...did he pay his speeding ticket?

Jerry | 2:44 p.m. Jan. 18, 2008

I was taught to obey Law enforcement, and above all obey God. What this young man chose to do is unforgiveable. Tasers are wonderful inventions that should also be used in schools (elementary and up). It is unfortunate that some people have to insist that the spotlight is on them.

Just followin orders | 2:51 p.m. Jan. 18, 2008

So we should all just "shut up and follow orders?" That doesn't sound like the USA that I thought I lived in. What happened to "life, liberty, and the pursuit of happiness?" There were wrong things done on both sides of this issue, however, if the trooper had used his gun and killed Jared, most everyone would be screaming about excessive use of force.

We are not military members, we are civilian citizens. To say to a citizen of a supposedly free country to just "shut up and follow orders" smells like communism to me.

Anonymous | 2:51 p.m. Jan. 18, 2008

Massey had every reason to be defiant. The officer instigated the whole incident with his defiant and arrogant attitude. Officer Gardner should have acted properly in the first place, informing Massey why he was being pulled over and explaining where he was speeding. Massey was quite reasonable in his request that the officer follow a reasonable procedure. I would have been irritated too at the unreasonable officer. What a jerk! I saw nothing inappropriate in Massey's actions, but plenty inappropriate in the officer's actions.

Jerk trooper | 2:54 p.m. Jan. 18, 2008

The only thing Massey did wrong was put his hand in his pocket and start to walk back. Up until that point, the officer was 100% at fault for starting the whole thing.

Regular people | 3:01 p.m. Jan. 18, 2008

Now that we have heard from all the members of the Fraternal order of Police, their wives and family, maybe the rest of the world that thinks getting tazered during a traffic stop is not right!

Debby | 3:01 p.m. Jan. 18, 2008

Well, you had to see this coming-the lawsuit. Massey is a spoiled brat who can not admit he broke the law. If he would have done as he was told, none of this would have happened.
Pay your fine and get over it Jared! Grow up and stop looking for someone else to take your punishment.

Leesa | 3:02 p.m. Jan. 18, 2008

The thing that would have made it legitimate, would have been to do exactly what the officer lied about. He was being unruly, uncooperative, so warn him. Tell him that your going to taser him. Be specific, "If you take one more step, I will taser you." That would have been the responsible thing to do. The officer needed the communication class before he was allowed use of a taser. He could have walked away even if the guy didn't sign the ticket. He was having a power struggle and did not like it. He wanted to win, which is not the purpose of the stop. The purpose was to issue the citation. The guy was going to get the ticket no matter what. Why did he need to continue a hostile situation, because he wanted to win the confrontation. He should have been punished by the department, but cops stick together.

mk | 3:08 p.m. Jan. 18, 2008

Massey needs to grow up.
I would have tasered him also.
when an officer tells you to do something you should do it.
He was a fool for provoking an officer.
They are there for our protection and need to protect themselves at the same time.
Massey needs to take resposibilty for himself and move on.

sanevoice | 3:10 p.m. Jan. 18, 2008

I have to go with the officer here. Maybe people don't understand but refusing to sign a ticket is a crime. It is not optional. He cleary would not follow instructions. This is also a crime. The officer did not ask him to do any out of the ordinary. The only possible thing he did was pull the taser out quickly. But he still had plenty of time to comply. To put your hand in your pocket and walk toward your car? There is some thinging for you. The only one acting out of the ordinary here was Massey. Also to say the officer mocked him while he was screaming in pain? He was well past screaming when the officer said that it hurts.

Re: Paul | 3:12 p.m. Jan. 18, 2008

You have no reading, observational, or listening skills assuming you have seen the video or read this article. The trooper ordered him out of the car!!!! Read the article next time. Your whole argument has no basis.

Unfortunate... | 3:14 p.m. Jan. 18, 2008

People who continually insist on suing are the reasons that all services and fees (and insurance) are going up at an insane pace.

Idiot | 3:23 p.m. Jan. 18, 2008

I'm all for peoples rights but after viewing the video on YouTube several times I find absolutely no fault with officer Gardners actions. Massey was acting like a bigshot but is nothing more than a spoiled mouthy child. I would have done more than taser him.

I agree that he is only out for the notoriety of this and hoping for a quick cash settlement. He should have his license revoked unitl he learns to keep a cool head and obey the laws and show some respect for the officers of the law.

The time to argue is in court not with the UHP.

His case is ridiculous, as is he.

Several | 3:23 p.m. Jan. 18, 2008

If the boy was so hurt by this taser, how could he pop right back up, with his mouth flapping?

Dave | 3:28 p.m. Jan. 18, 2008

TASER SAVES LIVES EVERYDAY

Massey was the cause of his own problems

re: "Taser deaths" @1:51 | 3:34 p.m. Jan. 18, 2008

"Massey actually got himself up out of the roadway with no help from the trooper after he was cuffed."

Shows he warn't hurt that much.
The sideline players in htis game are missing the point.
Ossifers may be imperfect, impatient, tired -- and jumpy. Roadside confrontations are not the way to find out. Massey escalleted the whole situtatn there, and again with his shortened version of the full video.
Let a real judge decide after seein/hearing all of both side. You ahve only seen what he wanted you to see.

Plenty of Blame to Go Around | 3:36 p.m. Jan. 18, 2008

I agree that the officer's actions were over the top, as were Mr. Massey's. Let it go to court, he is entitled to have his day. However to portray Mr. Massey as an innocent victim is just just plain ignorant. Interestingly enough had Mr Massey just signed the citation he would have forgone the taser and done what he now seeks, let a judge sort it out. Ironic isn't it.

runnerboy3118 | 3:36 p.m. Jan. 18, 2008

For you who didn't listen, the officer told him to exit the car. Yes he did have his hand in his pocket, and yes he was walking away, but was Massey really a threat to the Officer? If that where the case do I have the legal right to protect my family that way? If someone in my yard and has there hand in there pocket I can "tase" them for that reason alone? I think I would end up in jail if I did that. I hope that Massey wins, and wins big. He should have just signed the ticket, but the officer didn't need to go that far.

Anonymous | 3:37 p.m. Jan. 18, 2008

Massey was walking away from the cop ignoring someone who enforces the law while fiddling with the opening of his cargo pants pocket. That trooper brought the situation under his control which is what is supposed to happen. I say Massey was lucky that tasers were invented and the officer's sidearm was not involved.

DOWN WITH | 3:46 p.m. Jan. 18, 2008

Utah we need to support our UHP, and not this man who did not agree with what was happening. He probably set the whole thing up.

Conrad Paul | 4:04 p.m. Jan. 18, 2008

Massey won't win.
Although the officer failed to COMMUNICATE two very important things:
1. He failed to TELL him that signing the ticket is NOT an admission of guilt, but rather that, yes, he'd received the ticket.
2. He failed to warn him that he would be tazed, before tazing him.
Massey was unwise in two ways:
1. He failed to follow simple directions throughout the ordeal.
2. He put his hand partially in his pocket as he walked away (the officer is trained to respond as if all suspects have weapons, which will win the case for the officer).
But, hopefully from now on the officer will TELL others whom he pulls over that signing the ticket is NOT an admission of guilt. And if he is prepared to taze someone, he will SAY, "If you do not cooperate right now, you will be tazed!"
Simply COMMUNICATING and helping people to understand their options, helps avoid violence.

Mike | 4:07 p.m. Jan. 18, 2008

I think people are getting sick and tired of police abuse. Police are using tasers much to fast. Tasers are killing people all over the world. Just because someone does not follow exact orders, does not justify potential killing of someone who does not obey orders. I am sorry but the police officer was way out of line.

The Possibly killing someone is okay, just because the police are mad at being questioned? I am freightened by many of your attitudes.

Just because you would sit there and take it, does not mean we all should 100% of the time. Our rights to disagree should be held in high esteem, just as your's should be. Please do not sell our freedoms down the road. The police officer used very poor judgment in my opinion, based on the potential harm to the driver and our fellow brother here in Utah.

I do not even know the driver, but would stand up for him.

Anonymous | 4:19 p.m. Jan. 18, 2008

The people of Utah bring this sort of thing on themselves. Being subject to this authority and that authority is going to bring out the worst in anybody with a weapon.

no winners | 4:21 p.m. Jan. 18, 2008

the only winners here will be the blood-sucking attorneys

btw, what civil right specifically is Massey bringing suit for?

Boomerang | 4:31 p.m. Jan. 18, 2008

I totally agree with Massey filing the lawsuit. There was no verbal communication from the officer that he would taze Jared, Jared wasn't watched and treated properly after he was tazed (he could have been hit by traffic),the vehicle was searched illegally by Gardner, and Gardner lied to the other cop about the incident. Yeah, his civil rights were violated and I hope he wins so that the rest of us (hopefully) will be treated better by the UHP in the future.

daveescaped | 4:32 p.m. Jan. 18, 2008

The Cop was being a beliggerent (sp.) jerk no doubt. But I certainly have the sense not to taunt a cop. Did the guy need to be tasered? No. But that's is easy to see in hindsight. In Detroit where I used to live, a similar stop lead to two State Troopers not making it home to their families. Both of em were shot dead.

What I hope is that Cops are trained not to intentionally escalate what could have been a less confrontational situation. but if I were Massey (the driver) I would have slunk away quietly. Some people seem to operate with a permanent chip on their shoulder like this guy. Why did he need to feel respected by the cop? Are we all so proud we can't live with a minor chastisement for speeding and even turn the other cheek when we didn't deserve it? That isn't a hill I'd want to die on. Cops jobs are hard enough and plenty of causes deserve more attention. We all act like we need to battle even the smallest injustice while we frequently do unjustly to others.

CougarKeith | 4:39 p.m. Jan. 18, 2008

To "Taser Deaths", DO WHAT THE OFFICER TELLS YOU!!! He is lucky they have tazers or he could have been shot in the leg instead. This man refused to obey an officer of the law, HE DEFIED HIM! What was he supposed to do, let him drive away? His filing a law suit shows the classless man he is, watch the video, HE Disobeyed an officer of the law. No matter how much you disagree with an officer, Follow their instructions and call his superiors. They have a record of it, he obviously got a hold of it to put on the internet. He got what he deserved, and when he has to pay all the court costs he will get what he deserves once again! I totally have lost ALL CONFIDENCE in our Police from 1 bad experience, and know there are a lot more bad apples with badges than I ever thought. BUT YOU OBEY THE OFFICERS DIRECTIONS, YOU DO NOT DEFY THEM! I am the first to call a crooked cop crooked, When you don't follow instructions, you are putting the officer in danger, HE PROTECTED HIMSELF and took control of the situation. He Deserved It!

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