December 27, 2012
Last week, a personal injury lawsuit filed on behalf of an Allentown, Penn., teenager against the city and one of its police officers was allowed to move forward. According to an article from The Pennsylvania Record, the lawsuit stems from a Sept. 29, 2011, incident at Dieruff High School, in which the officer used excessive force in subduing and arresting the teen by shooting her with a Taser® gun.
Court documents show the officer and the teen had a confrontation when the officer attempted to place the juvenile in custody. The officer then fired the gun at the teen; however, when the teen rolled to her side to keep the barbs from the device from being pushed further into her body, the officer insisted the teen roll to her stomach so she could be handcuffed. This caused the teen to experience extreme pain, discomfort, and other personal injuries.
U.S. District Court Judge Lawrence Stengel ruled this past Thursday that the lawsuit—which claims the officer used excessive force against the teen—could move forward due to a lack of evidence substantiating the officer’s claim the teen was combatant. The judge ruled the city also would have to defend itself against claims it failed to control a rouge officer.
The Pennsylvania Personal Injury Lawyers with Lundy Law hope a decision in the case will help bring a sense of closure for the victim.