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St. Johnsbury police settle excessive-force lawsuit

Published: Wednesday, September 27, 2006
By Adam Silverman, Free Press Staff Writer

St. Johnsbury's police department has settled a lawsuit filed by two men who claimed officers used excessive force in subduing the pair with an electric stun gun.

Police, without admitting wrongdoing in the April 17, 2005, incident, agreed to pay $10,000 to Jarrid McKee and Brad Libby, St. Johnsbury Town Manager Michael Welch said.

"They made an offer, and we were pleased to accept it," said David Sleigh, who represented the men in their federal lawsuit. "This was a clear case of excessive force."

The incident occurred when McKee and several friends left the Dawg House bar. McKee was drunk and was climbing into the back seat of his girlfriend's car when police Sgt. Eric Hazard approached, told McKee to get into the car if he "didn't want any trouble," and then grabbed him and threw him to the ground, according to the lawsuit.

Hazard pinned McKee and began to handcuff him when McKee "briefly protested, asserting that he had done nothing wrong," according to the lawsuit. The officer then drew a Taser stun gun and shocked McKee with 50,000 volts, reads a section in the six-page lawsuit.

Libby, meanwhile, had walked to about 25 feet from the scene and yelled repeatedly, "Jarrid didn't do anything wrong." Hazard then fired the Taser at Libby, who received the same jolt when the Taser's two-pronged projectile struck him in the chest, according to the plaintiff's allegations.

McKee spent the night in jail but faced no criminal charges; Libby was cited for interfering with an officer, but the charge later was dismissed, Sleigh said. The men had no criminal records and were not known to police, Sleigh said. The lawyer said he's never received an explanation for why the officer acted as he did.

Welch, the town manager, also said he didn't know why the officers initiated contact. St. Johnsbury's police chief did not return messages seeking comment Monday and Tuesday.

In St. Johnsbury's response to the lawsuit, filed in December in U.S. District Court in Burlington, a town attorney wrote that the police "acted in good faith and with probable cause" and were justified in their actions. The court filing did not provide more details, and the lawyers could not be reached for comment this week.

McKee and Libby formally accused the Police Department of excessive force, unlawful arrest, conspiracy, failure to prevent a violation of their civil rights, outrageous conduct, assault and battery, and false imprisonment. The men asked for compensatory and punitive damages for their pain and suffering, and sought court costs and attorney's fees.

The settlement was signed Friday.

McKee and Libby were particularly happy the case seemed to influence how St. Johnsbury police use stun guns, Sleigh said.

"It has appeared to curtail the inappropriate use of the Tasers," he said.

Welch said Selectboard members will continue to review policies regarding Tasers, which he called "a tool for police to utilize."

"This case will make them look at it a little closer," Welch said.

Contact Adam Silverman at 660-1854 or asilverm@bfp.burlingtonfreepress.com