FORT SMITH — A federal magistrate judge awarded an Ozark man $1 for pain and suffering from the use of a Taser on him in 2005 by Barling police officers who were later judged to have used excessive force.
U.S. Magistrate Judge James Marschewski issued his ruling Tuesday in favor of Derrol Dee Kirby III but rejected Kirby’s request for punitive damages against the officers.
Marschewski awarded the damages against then-Barling police officers Larry Merrill and Jim Barbor and current Barling officer Kevin Dougan.
Kirby sued the officers in federal court in 2006 and Marschewski ruled at trial that the officers had used excessive force. On appeal, the 8th U.S. Circuit Court of Appeals ordered Marschewski to withhold the damages because Marschewski failed to take up the issue during the initial trial.
Marschewski held the damages hearing in October.
The lawsuit alleged that Barbor fired a Taser at him when he tried to walk away from a traffic stop where his girlfriend had been arrested, and when he refused to let police search him for weapons.
At the October hearing, Kirby testified not only about the Taser use but also about being handcuffed and roughed up by the officers for refusing to submit to the search.
Marschewski ruled that the excessive force occurred at the time of the initial use of a Taser and based the $1 damage award on that occurrence only.
Arkansas, Pages 13 on 12/29/2011