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Taser lawsuit looming in Brattleboro

February 12, 2008, By Susan Smallheer Herald Staff

BRATTLEBORO — The town of Brattleboro will face another lawsuit over last summer's controversial use of Tasers on a pair of peaceful protesters.

Attorney David C. Sleigh of St. Johnsbury said Monday he would be filing a suit against the town on behalf of the two protesters, Jonathan Crowell and Samantha Kilmurray, both of West Dummerston.

Sleigh, who was hired last summer after the two were arrested, Tasered and cited into court for trespassing, said he was waiting for the town's own investigation into the incident before filing the civil rights suit.

Sleigh said the lawsuit would charge the Brattleboro Police Department with violating the civil rights of Crowell and Kilmurray by the "use of unnecessary and excessive force," a direct quotation from last week's report by Sunderland attorney Gordon Black, which criticized the police actions. Sleigh said the suit would be filed in the next couple of weeks.

Black had been hired by the town last year to investigate the case after public outcry about the action of the police officers in using the electronic stun guns against the two peaceful protesters.

Sleigh noted Black pointed out in his report that the police were "hasty" in their decision to use the Tasers, and could have used more inventive methods to get the protesters off the property.

Black had suggested that police could have "flash cited" Crowell and Kilmurray for an immediate court appearance at Brattleboro District Court for trespassing, and if they didn't leave the property, then they could have taken other measures.

The town is already being sued by its former police chief, John Martin, who was fired in November largely because of the Taser incident. However, Black's report noted that Martin had urged his officers the day before the arrests to take a "hands-off" approach to the protesters. Martin was not present at the arrests.

Martin is suing the town to get his old job back, claiming he was treated unfairly and that the town's disciplinary guidelines were not followed.

Sleigh said it was his understanding the town was adopting the recommendations from Black for the town's use-of-force policy, which differs from the town's policy, which was revised after the July 24 arrests.

Neither acting Town Manager Barbara Sondag nor acting Police Chief Eugene Wrinn could be reached for comment Monday about the pending policy changes.

Black believes no one should be Tasered who is not posing a physical threat to anyone. And Sleigh noted that was the stated policy of Col. James Baker of the Vermont State Police, who was quoted in news reports this summer saying that Tasers should only be used when there is the "potential of harm to the police officer, the suspect or member of the public."

Contact Susan Smallheer at susan.smallheer@rutlandherald.com.