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Lawsuit alleges stun gun abuse
Man says he no longer has use of left arm after incident with police
By Penne Usher Telegraph Correspondent

An Orangevale man has filed a civil rights suit against several Folsom officials alleging that he was unlawfully hit with a stun gun, resulting in serious nerve damage.

The complaint, filed in federal court in Sacramento earlier this month, states that Officer Andrea Chapman of the Folsom Police Department used a Taser on Micheal Daniels without provocation, resulting in the loss of full use of his left arm.

The incident reportedly occurred March 17, 2009, when Daniels and a group of friends were celebrating St. Patrick’s Day in Folsom’s historic district. The group left a nearby restaurant/bar and was walking to the designated driver’s vehicle when they reportedly heard a group of men talking loudly, according to the complaint. The men appeared to yell something toward Daniels’ group and one man responded back before continuing to the vehicle.

It was then, the complaint states, Chapman came upon Daniel’s group, got out of her vehicle and “without issuing any warning to Daniels … shot Daniels with her Taser gun.”

One of Daniels’ attorneys, Geri Green, said in a phone interview that one of the prongs from the Taser became lodged in a nerve in his arm.

“They didn’t take the prong out and his nerve was dissected,” Green said.

Daniels was transported to a nearby hospital following the incident and had the prong surgically removed. Green said Daniels was never charged with a crime.

Green said her client has lost the full use of his left arm and has been unable to return to work as a home alarm system installer.

“The Folsom officer’s use of the Taser in this situation, which happened very quickly after her arrival on the scene, was clearly inappropriate and resulted in a disabling injury and ongoing financial hardship for Micheal, who posed absolutely no threat to the officer and was walking to his friend’s car at the time,” said Ernest Galvan, one of Daniels’ San Francisco attorneys.

Folsom police officials declined to comment. When contacted by phone Friday, Folsom City Attorney Bruce Cline also declined to comment.

“We do not comment on pending litigation,” he said.

Taser guns have been implicated in more than 346 deaths nationwide since 2001, including nine in Sacramento County alone.

In September 2009 the Telegraph published a video that had been circulating around the Internet showing several Folsom police officers using a Taser on a mentally unstable man who appears to be sitting on this front porch. Jason Browning, spokesman for the Folsom Police Department, said the unidentified man began “challenging officers.” After a tense standoff, the man was hit with a Taser. He was never charged with a crime and was transferred to a mental hospital.

Joseph Han, 23 at the time, was shot by Folsom police officers Easter morning of 2009 after an altercation in which Han reportedly refused to drop a knife. He was hit multiple times with a Taser, which proved ineffective, and was subsequently shot and killed by officers.

Officials contend that both incidents were justified.

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