Police Use of Taser on Alzheimer's Patient Upheld by Trial Court, But Rejected by Appellate Court
An Indiana cop who was fired after using a Taser five times in rapid succession on a nursing home patient with Alzheimer's disease -- for a total of 31 seconds and contrary to certification instructions regarding the increase risk of death for such usage beyone 15 seconds -- challenged his firing in court.
A trial judge determined that he had acted reasonably and should not have been fired, even though the Alzheimer's patient was handcuffed after the third Taser application. That judge decided that the Board of Public Works and Safety for Peru, Indiana improperly fired the cop.
In contrast, at the appellate level, the Judge Bailey for Indiana Court of Appeals wrote
"Intervals to achieve compliance were very short, with only a two-second interval between the third and fourth deployments. Moreover, it is noteworthy that Howard was handcuffed after the third Taser application," ...
"The panel chided the lower court for having "disregarded evidence favorable to (the board's) decision, credited the testimony of witnesses that the trial court did not personally hear, and misstated evidence regarding the scope of Martin's training. In short, the trial court reweighed the evidence and reassessed the credibility of witnesses."