Judge rules against city in taser lawsuit - KCBD NewsChannel 11 Lubbock

8/3/09

Judge rules against city in taser lawsuit

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LUBBOCK, TX (KCBD) - A federal judge has made a ruling in a taser lawsuit against the city of Lubbock.  Friday a judge denied the city's motion to throw the case out all together and partially granted the plaintiff's motion.

It all started back in July of 2006, when Lubbock Police officer Marsh Blackmore pulled over LJ McCallan during a routine traffic stop. Blackmore says McCallan ignored commands to hit the ground, so he used minimal force tasing the driver multiple times. McCallan disagrees, stating the officer used excessive force.

Officer Blackmore admitted to not turning on his microphone on until the end of the arrest once back-up arrived. After he tased McCallan, he left the electric barbs attached for nearly 20 minutes until another officer arrived and pulled the barbs out of McCallan's chest.

In court documents McCallan states the city violated his constitutional rights and the court agreed. McCallan also believes the city was negligent in not removing the barbs from his chest. Once again, the judge agrees.

In Officer Blackmore's defense - he claims the suit was only brought to embarrass or harass him. The court found there wasn't enough evidence to prove this.

This case was delayed after Blackmore's military deployment back in May of 2007. 

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