U.S. appeals court ruling favors state trooper in Taser case

A federal appeals court on Monday reversed a pretrial ruling an Arkansas state trooper had a duty to stop a Pope County sheriff's deputy from using a Taser on a boy during a 2011 skirmish in Dover.

However, one judge on a three-judge panel of the 8th U.S. Circuit Court of Appeals, based in St. Louis, said in a dissent Chief U.S. District Judge Brian Miller was correct to deny qualified immunity to Cpl. Stewart Condley, who "did not do or say anything to deescalate the situation. He simply stood by and watched the deputies repeatedly tase the young man."

Condley's appeal of Miller's April 11, 2014, ruling stopped all activity in the 2012 civil rights case brought by a Dover family against a Dover deputy marshal, a Pope County sheriff's office sergeant and Condley. The lawsuit, backed by the Arkansas chapter of the American Civil Liberties Union, alleges that the officers used excessive force after Steven Payton, then a part-time deputy marshal for the city, stopped the boy, then 16, and his mother, as they walked their miniature schnauzer across the street from their home.

The mother and son, Eva and Matthew Robinson, said Payton confronted them after the younger Robinson waved at Payton's passing police car, thinking he knew the officer. Payton contends the pair looked "suspicious" and he saw the youth throw something into the grass.

The Robinsons said their dog ran off when Payton stopped them, and Matthew Robinson chased it. When he returned with the dog, they said, the officer placed all three -- mother, son and dog -- inside the patrol car. Eva Robinson, a Sunday School teacher, and Matthew Robinson said the officer shouted "shocking" questions about drugs at them, and called for backup, prompting the arrival of Pope County sheriff's office Sgt. Kristopher Stevens and Condley.

The lawsuit contends Matthew Robinson reached up to Stevens for assistance while struggling to get his size-16 foot from under the front seat of the police car and climb out, as ordered. Stevens stunned Robinson with a Taser and later said he thought the boy was being aggressive.

Eva Robinson contends she became frantic when she saw the officer shooting her son with what she thought was a gun. She said as she struggled to shield her son, Condley pulled her from the car and handcuffed her.

The majority opinion, written by U.S. Circuit Judge Michael Melloy of Cedar Rapids, Iowa, said Stevens used the Taser on Matthew Robinson at least twice more while the youth was standing, then "took Matthew to the ground behind the patrol car and drive-stunned Matthew at least twice more.'"

It notes officers found cigarette lighters and an air chuck.

It says when Eva Robinson broke free of her handcuffs, "Condley grabbed her and slammed her onto the hood of the patrol car."

Mother and son were both arrested, with Eva Robinson eventually being cleared of misdemeanor charges and Matthew Robinson being "adjudicated delinquent" in juvenile court, while the officers were never disciplined, Little Rock attorney Patrick James said in 2013, after amending the lawsuit.

The ACLU joined James at a news conference, using the case as an example of why it said the state needs an independent agency to investigate police.

In his April 2014 order, Miller denied Condley's request to be released from liability, saying the trooper ignored his duty to intervene during the other officers' use of excessive force.

Condley argued on appeal he didn't have reason to believe that the two other officers were using excessive force, didn't have the opportunity or the means to intervene while holding back Eva Robinson and that any duty to intervene wasn't clearly established.

The majority of the panel -- Melloy and U.S. Circuit Judge James Loken of Minneapolis -- said "because Trooper Condley's conduct was arguably reasonable in light of the circumstances, he is entitled to qualified immunity as a matter of law." They ordered Miller to grant the trooper immunity.

In a dissent, U.S. Circuit Judge Diana Murphy, also of Minneapolis, said a dispute remains about whether Condley breached a duty to intervene while officers subjected Matthew Robinson to "repeated and injurious Taser shocks." She cited photographs showing "wounds and scars on his face, chest, abdomen and back," and the fact no drugs were ever found.

Murphy said the law is "clearly established that an officer who fails to intervene to prevent the unconstitutional use of excessive force by another officer may be held liable for violating the Fourth Amendment."

NW News on 06/30/2015

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