The Houston Police Department has found no wrongdoing in some 1,700 incidents in which its police officers intentionally fired a Taser, and during the last four years only five officers have been disciplined for misusing their Tasers, although not one of those incidents involved the actual shocking of a suspect, according to the Houston Chronicle.  See, Khanna, Roma, “Few In HPD Disciplined Over Tasers: Out of 69 Investigations Only 5 Allegations Sustained,” Houston Chronicle, 8/17/08, p. A1.  As reported by the Houston Chronicle, HPD reprimanded officers for threatening people with their stun guns, repeatedly discharging them while off duty and brandishing the weapon in a dispute in an elementary school carpool line.  Id.  In one complaint an officer shocked his own stepson.  Id.  In another incident, an officer shocked a 59-year-old woman in a dispute over laundry.  Id.  The article states that the use of Tasers, sold as an alternative to the deadly force of firearms, has been controversial in Houston since HPD first purchased hundreds of Tasers in 2004 after which time the weapons quickly triggered public criticism with findings that officers often used them on unarmed people who committed no crime and that the vast majority were black.  Id.

With respect to the incident involving a Houston police officer shocking his own stepson, the boy’s grandmother was quoted by the Houston Chronicle as follows: “If that is how they deal with family problems, how are they dealing with the public?”  Id.  In addition, “I can’t believe that this is how they want officers to use their Taser … At home, on their kids?”  Id.

In an unrelated domestic related incident, the Tampa Tribune reported on July 8, 2008 that a sheriff’s deputy used a Taser on his wife and held a service revolver to her head before being arrested and held for mental evaluation.  See, Poltilove, Josh, “Deputy Accused Of Taser Attack On Wife,” Tampa (Fl) Tribune, http://www.freerepublic.com , 7/8/08.

Reporting further findings, the Houston Chronicle “found that the majority of Taser incidents escalated from common police calls including traffic stops, nuisance calls and reports of suspicious people.”  Id.

Gratuitous violence, unnecessary deployments and misuse of electroshock weapons is a concern since the weapons are not toys and may cause serious personal injury or wrongful death.

Tasers emit charges causing electromuscular disruption, incapacitating a person temporarily.  See, George, Cindy, ” Family Sues Over Taser Use,” Houston Chronicle, 8/11/08, p. B2.  However, Amnesty International contends that more than 300 people subdued by police Tasers in the United States have died since 2001, and, as reported by the Houston Chronicle, a recent interim report from the Justice Department said many safety aspects of the stun guns remain unknown and that “secondary or indirect effects” may result in death.  Id.  In this regard, the Justice Department recommended that police officers avoid mulitple shocks.  Id.  Others are not as unclear about the health effects of Tasers, including two heart specialists with the University of British Columbia who told an inquiry into the use of Tasers in May, 2008 that a jolt from the weapons can “almost certainly” cause heart problems and possibly even sudden cardiac arrest.  See, The Canadian Press, “Tasers Can Cause Cardiac Arrest: Heart Specialists,” May 21, 2008, http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080521/taser_doctor_080521/20

According to Dr. Mehdi Razavi, a Texas Heart Institute Electrophysiologist, a Taser shock stimulates muscle fibers, creating “a near state of paralysis” and potentially creating cardiac rhythm disturbances that might be lethal in people with blocked arteries or stressed hearts.  See, George, Cindy, ” Family Sues Over Taser Use,” Houston Chronicle, 8/11/08, p. B2.  Moreover, HealthDay News recently posted an article at ModernMedicine.com in which it referenced a paper in the August Journal of Emergency Nursing urging emergency room preparedness to handle taser injuries in light of law enforcement officers’ growing use of Tasers and accumulating amounts of deaths from the electroshock devices.  See, “Taser Injuries Require Preparation In ERs,” HealthDay News, http://www.modernmedicine.com , 7/28/08.

Recently, two Houston area residents filed a federal lawsuit accusing Harris County, the Harris County Sheriff and nine Harris County Deputies of contributing to the wrongful death of a Houston man by shocking him with a stun gun and allegedly taking their time getting him to a hospital.  See, George, cindy, “Family Sues Over Taser Use,” Houston Chronicle, 8/11/08, p. B2.  Further, on August 13, 2008, the Chicago Tribune posted an article stating that a Louisiana grand jury indicted a white police officer on charges of manslaughter and official malfeasance for repeatedly Taser shocking a handcuffed black suspect, resulting in the man’s death due to cardiac arrest.  See, Witt, Howard, “Former Cop Indicted In Taser Death In Louisiana,”  http://www.chicagotribune.com , 8/13/08. On June 7, 2008, Bloomberg.com reported that Taser International, Inc., the nation’s largest stun gun manufacturer, lost a $6.2 million jury verdict over the death of a California man who died after police shot him multiple times with the weapon.  See, Fisk, Margaret, “Taser Loses 1st Product-Liability Suit: Jury Awards $6 Million,” http://www.bloomberg.com , 6/7/08.  A day before the Bloomberg.com article, a posting at HighBoldtage.com reported that Birmingham, Alabama police were investigating the in custody death of a Birmingham man who dies after being shot with a Taser.  See, “Birmingham Man Dies In Police Custody,” http://www.highboldtage.com , 6/6/08.

Tha lawsuit against Harris County joins other active civil cases against Houston area law enforcement agencies by people stunned with Tasers, “including Houston Texans lineman Fred Weary.”  See, George, Cindy, “Family Sues Over Taser Use,” Houston Chronicle, 8/11/08, p. B2.  In the racially explosive case of the Louisiana Taser related death, attorneys filed a wrongful death lawsuit in federal court, accusing city officials of civil rights violations.  See, Witt, Howard, “Former Cop Indicted In Taser Death In Louisiana,” http://www.chicagotribune.com , 8/13/08. 

Victims of Taser misuse, police brutality and excessive force by police in Houston or elsewhere may make complaints to the internal affairs division of the responsible employer in order to document a complaint and trigger an investigation.  In addition, vctims of police misconduct, including stun gun misuse, may consult an attorney to determine whether a civil rights, personal injury or wrongful death lawsuit may be appropriate under the facts and circumstances of the potential case.

Victims of law enforcement brutality, use of excessive force and unconstitutional arrests and detentions may be able to bring a claim for damages, depending upon the facts and circumstances of the potential lawsuit, so, in this regard, victims and their families may consider filing a complaint with the responsible law enforcement agency and may also consult an attorney to see whether a civil rights lawsuit is appropriate.

According to the Houston Chronicle, two Houston area residents filed a federal lawsuit accusing Harris County, the Harris County Sheriff and nine Harris County Deputies of contributing to the death of Kenneth Eagleton by shocking him with a stun gun and allegedly taking their time getting him to a hospital.  See, George, Cindy, “Family Sues Over Taser Use,” Houston Chronicle, 8/11/08, p. B2.  A Houston lawyer filed the lawsuit on behalf of the family, seeking unspecified damages and to get a full accounting of what exactly happened because, as reported in the article, they believe deputies too readily view tasers as nonlethal weapons.  Id. 

Tasers emit charges causing electromuscular disruption, incapacitating a person temporarily.  Id.  However, Amnesty International contends that more than 300 people subdued by police Tasers in this country have died since 2001, and a recent interim report from the Justice Department released in June said many safety aspects of the guns remain unknown and that “secondary or indirect effects” may result in death, recommending that police officers avoid multiple shocks because the role of of repeated exposure in causing death is allegedly unclear.  Id. 

In Mr. Eagleton’s case, he was allegedly shocked more than once, and an autopsy concluded that he died from complications of rapid breakdown of skeletal muscle tissue, with kidney failure resulting from cocaine intoxication.  Id.  According to medical records, he arrived at the hospital experiencing seizures and suffering from some narrowed arteries.  Id.  In this regard, the article cited Dr. Mehdi Razavi, a Texas Heart Institute Electrophysiologist, who said a Taser shock stimulates muscle fibers, creating “a near state of paralysis,” and potentially creating cardiac rhythm disturbances that might be lethal in people with blocked arteries or stressed hearts.  Id. 

According to the Chronicle, the Eagleton lawsuit joins other active civil cases against local law enforcement agencies by people stunned with Tasers, “including Houston Texans lineman Fred Weary.”  Id.  In addition, the article reported that a “Louisiana coroner recently ruled the death of a handcuffed man who was shocked nine times by police a homicide.”  Id.

Whether excessive force or civil rights violations by law enforcement occur in Houston, Dallas, San Antonio or elsewhere, victims may consult an attorney and also consider making a formal written complaint to the responsible employer of the officers involved in the incident.  In this way, victims may place law enforcement on notice of a potential failure in procedures and training and prompt an investigation or discovery process that may trigger changes in training, procedures and weapon use.

As reported by the Houston Chronicle, the City of Houston settled a federal lawsuit filed a year ago by a former graffiti artist who alleged that two police officers wrongfully arrested him and then jailed him for allegedly resisting arrest while he was giving an aerosol paiting demonstration during an art festival in Houston.  See, Lezon, Dale, “City Settles Wrongful Areest Lawsuit By Ex-Graffiti Artist,” Houston Chronicle, 8/9/08, p. B3.  According to the article, the criminal charge was dismissed on January 26, 2007.  Id.  The plaintiff in the case volunteered a few years ago with the Mayor’s Anti-Gang Office to paint anti-smoking murals in the city and to educate law enforcement about graffiti.  Id.

Whether a wrongful arrest occurs in Houston or elsewhere, citizens may contact an attorney to discuss whether a civil rights lawsuit may be appropriate.  In the graffiti artist case, the City of Houston represented the officers and indemnified them because a Houston Police Department internal affairs investigation found they had not violated agency problems.  Id.  Still, people who believe they have been mistreated as a result of police misconduct can file a complaint to document the incident as was apparently the case in the graffiti artist case that settled.

HealthDay News generated an article posted at ModernMedicine.com about Taser injuries requiring emergency room preparation.  See, “Taser Injuries Require Preparation In ERs,” HealthDay News, http://www.modernmedicine.com , 7/28/08.  The posting states that, according to a paper in the August Journal of Emergency Nursing, emergency nurses and other care providers need to be prepared to handle taser injuries given law enforcement officers’ growing use of tasers and accumulating amounts of deaths from the electroshock devices.  Id.  “Kristopher C. Pidgeon of Memorial Regional Hospital and Joe DiMaggio Children’s Hospital in Hollywood, Florida, and collegaues write that more than 150 people in the United States may have died from such electroshock injuries since June 200,” as reported in the article.  Id. 

Taser injuries result from electrical current and the injuries can include, according to this article, burns, cardiac rhythm disturbances, bone and joint injuries, seizures and cognitive problems.  Id.

With Taser use predicted to increase, the article cautions emergency nurses to prepare to treat the injuries. 

According to a recent edition of the Houston Press, illegal immigrants are subject to pain and death at the hands of their “rescuers” if they do not pay up in full.  See, Vogel Chris,”Torture Squad,” Houston Press, Vol. 20, No. 32, August 7 - 13, 2008, p. 13.  While life is perceived as better in the United States, migrants must risk being tortured or killed by the people who get them to this country.  Id @ p. 14.  So-called people smugglers carry guns, change prices on a whim, extort money and have little or no sympathy for their human cargo.  Id.  Since there currently is no system whereby migrants can safely and flexibly enter the United States, human smugglers become increasingly important regardless of their behavior.  Id. As reported in the article, smugglers stash people throughout Houston in hotels, motels, trailer parks and private homes.  Id. 

In February, 2008, for example, the article states that five Mexican nationals and one Honduran pled guilty in federal court after ICE agents found them holding 44 illegal immigrants at a house in Houston and another 13 at a Houston business.  Id. @ 16. One human smuggler was sentenced in April after crashing his SUV and killing five of his illegal immigrant passengers.  Id.  In another case, guilty pleas were entered by two Mexican Nationals and one Brazilian for conspiracy to harbor and transport illegal immigrants, one of whom claimed he had been hit with a baseball bat.  Id. Some cases can even involve federal agents.  Id. @ 16.

Human smuggling and the torture of illegal immigrants has, in the past, gone unreported but that might be changing since the people entering illegal are human beings.  The fact that they are here illegally does not justify torture and people, including migrants, are aware of consequences for smugglers and can be more willing to report human smugglers, who they may not know, when humans are being brutally abused.

According to The Tampa Tribune, an off-duty federal agent filed a federal lawsuit against the Tampa Sports Authority and Temple Terrace police contending that he suffered injuries, including multiple neck compressions, facial swelling, humiliation and numbness, after police allegedly roughed him up and stunned him with a Taser during a 2004 football game.  See, Silverstein, Elaine, “Federal Agent Files Lawsuit Over Taser At Bucs Game,” The Tampa Tribune - Associated Press, http://www2.tbo.com , 3/20/08.  In the lawsuit, the U.S. Customs and Immigration Enforcement agent alleges that police ejected fans from the game because they had draped an American flag from stadium railing and cut the flag loose, so the federal agent and his wife, a lawyer, drew closer to watch in case they wanted to file a complaint.  Id.  In addition, the lawsuit alleges that the agent became concerned for his wife’s safety, removed his badge and identified himself as a U.S. Customs agent.  Id.  The article reports that an officer hit the agent from behind, slamming him into a wall and forcing him to the pavement before shocking him with a Taser and jailing him.  Id.  According to police, the man punched the officers.  Id.  However, the Hillsborough State Attorney’s Office later declined to prosecute him, according to the article.  Id. 

In Houston during 2006, Fred Weary, an NFL offensive lineman, was shot with a Taser before being arrested after a traffic stop.  See, “Texans OL Weary Tasered, Arrested After Traffic Stop,” The Associated Press, 11/15/06, http://www.sports.espn.go.com/nfl/news/story?id=2662099 .  As reported by The Associated Press, the police report stated that the incident began in Houston when officers noticed a car driving in an area where police are on alert due to criminal activity.  Id.  The driver looked suspicious to police and the car did not have a front license plate, so Weary, who is black, was stopped.  Id.  Weary was allegedly verbally combative and stepped toward the officers, so he was shot with a Taser and arrested.  Id. 

Victims of police excessive force in Houston may make complaints to the internal affairs division of the responsible law enforcement department and consult an attorney with regard to whether a lawsuit may be appropriate under the facts and circumstances of the potential excessive force case.

An Arizona Apellate Court in Simon v. Safeway, Inc., 173 P.3d 1031 (Ariz.App.Div.2, 2007) held that when a store assumes the nondelegable duty to provide security services, it may be vicariously liable for the intentional torts of a security guard hired as an independent contractor under a premises liability analysis (rather than an independent contractor analysis).  In this case, the Plaintiff was leaving a grocery store when he was approached by a security guard employed by an independent contractor.  The security guard allegedly accused the Plaintiff of shoplifting.  When the security guard lifted up the Plaintiff’s shirt, he found nothing but nevertheless warned the Plaintiff not to return to the store, so the Plaintiff asked to see a manager, and, in response, the security guard took the Plaintiff to a back room where a physical altercation allegedly took place in which the Plaintiff was injured.  When the Plaintiff sued the store, he alleged that the security guard physically and sexually assaulted him and that the store was responsible because it had a nondelegable duty to employ properly licensed and trained security guards.  The trial court dismissed the case, but the Arizona Court of Appeals reversed the decision of the trial court, citing Arizona case law standing for the proposition that a landowner’s duty of care to business invitees encompasses activities on the land and is not limited to dangerous conditions.  The Court also pointed to a duty to supervise the contractor.  Further, the Court held, in essence, that when the store authorized the security guard contractor to monitor and observe customers, and even to use force under certain circumstances, the store voluntarily assumed a duty that it owes to invitees.  See, http://www.justice.org/law reporter , 6/08.  When a customer is unlawfully detained, falsley accused, harassed and mistreated, it is important to document the occurrence, and, if necessary, contact an attorney to discuss whether a false imprisonment lawsuit or wrongful detention lawsuit is appropriate. 

According to “Lead Exposure in Childhood Linked to Criminal Behavior Later” by Amanda Gardner, U.S. News and World Report, May 28, 2008, a 30 year study has found that exposure to lead as a child can lead to health problems that create a greater likelihood for criminal behavior in adulthood.  The article references a study co-authored by Kim Dietrich, a professor of environmental health at the University of Cincinnati, which found “Arrest rates were higher as blood lead concentrations went up. The association between high blood lead levels and violent crimes was even stronger. Any 5 micrograms per deciliter elevation in blood lead levels increased the rate of arrest for violent offenses by more than 25 percent, Dietrich said.” id  The artilce also indicated that exposure to lead may cause or contribute to “anti-social behavior, lower IQ, attention deficits, hyperactivity and weak executive control functions, all of which are risk factors for future delinquent behavior”. id   The article indicated that another report, published simultaneously in the same journal, co-authored by Kim Cecil, an associate professor of radiology, pediatrics and neuroscience at the University of Cincinnati College of Medicine and Cincinnati Children’s Hospital, indicated that exposute to lead caused reductions in volume in certain areas of the brain.  These lead caused reductions “were related to specific regions, including those responsible for executive function, mood regulation and decision-making.” id   According to Ms. Gardner’s article, Dr. Cecil also stated, “This is shedding new light that no dose is safe for lead.” id  

The article may be found at the following site: http://health.usnews.com/articles/health/healthday/2008/05/28/lead-exposure-in-childhood-linked-to-criminal.html?PageNr=1

According to the Associated Press story ”Carbon nanotubes mimic asbestos in early study” by Brian Bergstein (Associated Press, May 21, 2008), carbon nanotubes may be  dangerous to humans.  Carbon nanotubes are described as a new emerging “nanotechnology” using microscopic hollow  strands of graphite, which due to the composition and structure are able to  strengthen  materials and make them much lighter.  The technology may have applications in many commercial areas, such as, medicine, automobiles and electronics.  

Mr. Bergstein’s article references two studies which indicate a response to longer strands of carbon nanotubes injected in mice to be similar to that of asbestos.  In the earlier study, in Japan, injection of carbon nanotubes actually produced mesothelioma in mice. id Mesothelioma is an aggressive lung cancer which is usually caused by asbestos exposure. According to the article, the studies are preliminary and some questions have been raised about the amount of carbon nanotubes used and the methods they were introduced into the mice. id   The story may be found at http://ap.google.com/article/ALeqM5hvRyA6AzKp84i3SqoYU4OTfbHBuAD90PG9Q00

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