Suit on police use of Taser gets trial
Posted on Thursday, December 6, 2007
URL: http://www.nwanews.com/adg/News/209762/
FAYETTEVILLE — A March trial date has been set in U. S. District Court for two Fayetteville police officers accused of using excessive force during a November 2005 arrest.
Steven E. Wanbaugh, 46, filed a lawsuit claiming Cpl. Robin Fields held him down while officer Travis Faught used a Taser on him for about 30 minutes. Wanbaugh claims in his handwritten complaint that Faught used the electrical shock device on him 10 to 30 times, making it hard for him to walk for days.
The non-jury trial is scheduled for March 27 in U. S. District Court in Fayetteville.
Wanbaugh is asking a federal judge to dismiss charges filed against him in state court, including battery on a police officer, resisting arrest and fleeing, and to order rehabilitation for back spasms he said he had after his arrest.
Attorneys for the officers said any injuries or damages Wanbaugh sustained were caused by his own negligence. Wanbaugh’s complaint fails to state a claim upon which relief can be granted under the law, they said in court filings.
Police reports say Wanbaugh fought the officers, causing them minor injuries. The officers’ actions in connection with the arrest were never investigated, because no complaint was made to the department, a police spokesman said.