Lawsuit: Police tazing leads to stroke
KEITH COUSINS/kcousins@cdapress.com | Hagadone News Network | UPDATED 10 years, 6 months AGO
A Post Falls family is seeking an undisclosed amount of money from the city and other entities for a 2012 incident with the Post Falls Police Department that left a man permanently disabled.
Marvin Ball, 64, was involved in an altercation with a Post Falls police officer, resulting in him being tazed, a civil complaint states.
Ball later had a stroke while being held at the Kootenai County jail and his attorneys are alleging that a lack of response to Ball's deteriorating health while in prison led to irreversible medical issues. The complaint for damages for violation of civil rights was made June 19 by the Ball family's attorneys, Richard Baughman and Charles Lempesis.
"I have the highest regard for the men and women of the Post Falls Police Department and the Kootenai County Sheriff's Office, but in this case there was a tragic and inexcusable sequence of events that has resulted in the permanent disability of our client," Lempesis said in an email to The Press on Thursday.
Kootenai County, the city of Post Falls, former Kootenai County Sheriff Rocky Watson, Post Falls Chief Scot Haug, Officer Jason DeWitt, and five Jane and John Does are all named as defendants in the federal case.
On June 28, 2012, Post Falls Police Department Officer Jason DeWitt was dispatched to Ball's apartment complex in response to another resident of the complex who said "an individual had requested she tell him how much it would cost for him to perform oral sex on her." According to the complaint, the woman pointed to Ball and said he had made the comment.
DeWitt, the complaint states, motioned for Ball to come to him. However, Ball instead walked into his apartment and locked the door.
"Officer DeWitt, without the permission or consent of Marvin Ball, or the manager of the apartment complex, kicked the door open and attempted to seize Ball and remove him from the apartment," the complaint states.
Ball, according to the complaint, resisted and DeWitt responded by discharging his Taser into Ball's left thigh. The man was then placed under arrest for resisting arrest and obstructing a police officer.
At the Kootenai County jail, the complaint states that DeWitt observed a "radical change" in Ball's demeanor and said that the man was unable to answer even "the most basic pre-booking questions."
Drugs were later found in Ball's cell, which added a felony possession of a controlled substance to the obstruction and solicitation of prostitution charges.
"Despite his condition worsening to the point that he was unable to speak and was experiencing right-sided weakness, Marvin Ball remained at the Kootenai County jail until July 2, 2012, without being provided any medical care or transported to a hospital for evaluation and treatment," the complaint states.
Eventually all of the charges against Ball were dismissed. But, according to the complaint, it was determined that Ball had suffered a stroke that would leave him confined to a wheelchair and require his son to become his primary caregiver.
If the civil case is successful, those named as defendants will be required to pay for damages associated with the incident.
"Pursuing remedies on behalf of Mr. Ball and his family helps to assure that all of us as citizens are safe from unreasonable and egregious intrusion upon our constitutional right to be secure in our homes and safe from physical harm from the government," Lempesis said.
Lempesis added that the case will "likely" not be tried in federal court for a year or more.
Haug, who said the city has not received the complaint, declined to comment.
ARTICLES BY KEITH COUSINS/KCOUSINS@CDAPRESS.COM
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