OH: Thuggish use of stun guns by Franklin County sheriff's office

The Franklin County sheriff's office has used stun guns in an "excessive, cruel and inhumane" fashion that deprives prisoners of their constitutional rights, the U.S. Department of Justice says.

The Justice Department asked this week to join a civil lawsuit by individuals who say they were shocked in a "callous and sadistic manner" by deputy sheriffs assigned to the jail. Their case was filed in U.S. District Court in Columbus in July.

The Ohio Legal Rights Service, an independent state agency that supports the rights of the disabled, filed the lawsuit on behalf of a number of prisoners. It asked the Justice Department to review the lawsuit; the department's motion was filed Wednesday.

The defendants in the case include Sheriff Jim Karnes, Chief Deputy Steve Martin and a number of sheriff's deputies and commanders.

Kerstin Sjoberg-Witt, legal director of the Legal Rights Service, said she welcomes the Justice Department's involvement and hopes to work with the sheriff's office to reach a resolution.

The agency reviewed 180 times Tasers were used on prisoners between January 2008 and May 2010, virtually all of which were ruled appropriate by the sheriff's office. The lawsuit contends that deputies used stun guns on individuals who posed "no threat of violence or harm to themselves or others" and that the practice had become standard operating procedure.

The agency cited examples including:

• A 24-year-old woman who was stunned four times after she objected to being forcibly strip-searched with male officers present. She had been arrested for driving without a license.

• A woman who told guards she was pregnant. She was stunned after being unable to remove a tongue ring because her hands were slippery. Officers refused her requests for a paper towel until after using a Taser on her.

The sheriff's office argues in court documents that deputies' stun-gun use "did not constitute excessive force."

Its policy permits stun guns to be used for self-defense, to protect an inmate or staff member, to disarm someone or to control a combative inmate. The policy says Tasers should not be used on inmates in handcuffs, leg irons or restraint chairs or who are known to be pregnant.

Karnes and Prosecutor Ron O'Brien both declined to comment on the case because there is an ongoing lawsuit. The Justice Department also would not comment on the case.

Sgt. Jim Gilbert, president of the local Fraternal Order of Police chapter, said the union supports the deputies named in the lawsuit. "We support the use of Tasers when dealing with combative inmates who potentially could harm themselves as well as the deputies or other staff members," Gilbert said. "The deputies acted in accordance to their training and with the equipment provided to them by the sheriff's office."

He said the sheriff's office reviewed each case and found that the stun-gun use was appropriate. He said videotapes would have been made of each incident. "Our deputies know that their actions constantly are being recorded," he said.

Tom Hemmert, community affairs officer for the Legal Rights Service, said the videos have been entered as evidence and cannot be publicly released.

Gilbert said FOP attorneys are reviewing the lawsuit to determine whether the union should become involved.

Representatives from all the parties involved in the lawsuit are scheduled to meet Tuesday for a court-ordered mediation to determine how the case will proceed. According to the Justice Department motion, the Legal Rights Service asked the department's civil-rights division to review the lawsuit in July.

Original report here




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