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Tased driver seeks $1M in damages
Notice to sue filed with town backs off claims attorney previously made.

By Sarah Lison, Jackson Hole, Wyo.
July 30, 2010

A man police subdued with a Taser during a traffic stop in April notified the town earlier this month that he intends to seek $1 million in damages over the incident.

Frank Meek, 60, filed a notice of intent to sue the town, Jackson Police Chief Todd Smith, Officer Joe Vokal, Sgt. Larry Compton and other unnamed officers over the incident, which occurred during a traffic stop April 7. The stop resulted in misdemeanor charges of interfering with a police officer and improper vehicle registration against Meek, but prosecutors later dismissed them because of pretrial publicity. Prosecutors could choose to re-file them later.

Meek’s lawsuit had not been filed in 9th District Court as of Tuesday.

Meek, who was convicted Friday in 9th Circuit Court of a March 26 vehicle registration violation involving the 1969 Volkswagen he was driving April 7, says in the notice of civil tort claim that he was “brutally assaulted and repeatedly Tasered” during his arrest in April. At least three police officers were present, the notice says.

The claims have been toned down compared with those made in a letter that Meek’s attorney, Bob Schroth Sr., sent to Town Attorney Audrey Cohen-Davis shortly after the incident in April.

In the April 13 letter, Schroth said Meek was Tasered more than 10 times and that about six officers were present.

Meek and his attorney also have backed off a claim that Vokal ignored Meek’s request to know why he was being detained and said nothing in the notice about the injuries they previously claimed he suffered as a result of the incident.

No mention of injuries


Schroth claimed in his April letter that Meek suffered “possible fracture of the right occipital bone with massive hematoma, blurred vision, sprained neck, back pain, lacerations to the face and hands, numbness and loss of feeling in both hands, and numerous puncture wounds for [sic] being repeatedly Tasered.”

The notice of Meek’s intent to sue says only that he was seen outside the jail by emergency medical technicians who determined he needed to have X-rays and be seen by a doctor.

Meek was then released from police custody outside the jail and opted to go with EMTs to the hospital, Smith said.

Meek was released from the hospital later that night, he said in April.

It’s unclear whether medical bills from that night were sent to Meek or the police department.

The police department generally would pay such bills but Smith would have to look at records before he could say that happened in Meek’s case, he said.

“We offer that as a basic service to everyone a use of force is applied to,” Smith said.

Meek deferred questions to Schroth on Tuesday, and Schroth did not return several calls seeking comment.

Richard Rideout, the Cheyenne attorney handling the matter for the town, also did not return a call seeking comment.

Meek was never Tasered, police have said. Although Vokal attempted to Taser Meek, one of the device’s two darts didn’t penetrate the front of Meek’s jacket and he wasn’t shocked, police said.

Vokal then switched the device to stun-gun mode and attempted to use it on Meek’s back but it wasn’t on, police said. During the next five-second deployment, Vokal touched the device to Meek’s back twice, a video taken by Vokal’s dashboard camera shows. Meek’s total exposure to the stun gun likely was two to four seconds, Smith has said.

The video also shows the following:

Two officers – Vokal and Sgt. Alan Jensen – were present during the arrest. A passer-by stops to help police during the struggle, and Sgt. Compton shows up after Meek has been placed in Vokal’s patrol car.

After stopping Meek, Vokal approaches his window and asked for his driver’s license and registration.

Meek asks why he’s been stopped.

“Because you have Colorado plates and you need Idaho plates,” Vokal says.

Meek repeatedly uses foul language, holds up a videocamera and tells Vokal he’s “going to be on YouTube by midnight.”

Vokal calls in Jensen as backup and they decide to tow Meek’s car for repeated noncompliance with state statute. Compton previously had issued Meek’s March citation and a January parking ticket that remains unpaid.

Meek initially refused to get out of his car. Eventually he stood up but quickly sat back down when Jensen attempted to handcuff him.

The final time Vokal stunned Meek with the Taser, Meek appeared to jump up and fall on his chest and face.

He likely got a black eye at that time, police said.

Investigation not ordered


Schroth filed Meek’s notice of intent to sue with town officials shortly after the Wyoming attorney general last month declined to order the Wyoming Department of Criminal Investigation look into the matter.

Schroth demanded an investigation in April. Smith made the request, but Schroth questioned DCI’s independence from the police department.

Attorney General Bruce Salzburg said in late May that he had read Schroth’s April letter and Meek appeared to be accusing police of violating his civil rights.

However, police were not facing of any allegations of criminal misconduct and there wasn’t any question about what happened because the incident was videotaped, Salzburg said.

“We would investigate a use of force case if there was some question about what occurred,” Salzburg said of DCI in March. “But we don’t offer opinions about whether force was or was not excessive.”

Smith said shortly after the April incident that while his officers acted according to department policy at the time and state statute, he would have rather seen them wait for a resolution from the court on Meek’s March 26 citation. The police department and Teton County Sheriff’s Office changed their Taser policies in May, saying the devices can be used only as a defensive tool.

“I believe registration violations are a very low-level issue, and the resources we put into them should be very low level,” Smith said in April.

Upon hearing that DCI would not investigate the incident, Schroth alleged Compton orchestrated the incident, noting his involvement in Meek’s March citation and January parking ticket.

He also suggested the town create a citizen review panel to oversee police.

Teton County Attorney Steve Weichman said in May that he was open to the idea, and Smith said it would be up to elected officials to create such a panel.



 
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