LBAC WINS TASER CASE FOR ORANGE COUNTY

This case arose from a report of suspected battery. When deputies responded to the scene, they found the plaintiff, Joshua Radwan, and his crying girlfriend. The deputies separated Plaintiff and his girlfriend, based upon suspicion of physical abuse. Deputies searched Plaintiff and found a small amount of marijuana in his possession. Deputies searched his vehicles and located three knives. A criminal history check indicated that Plaintiff was out on bail for robbery. One database indicated that he was not to possess firearms while another database stated he was not to possess firearms or other weapons. Unable to resolve the conflict, deputies arrested Plaintiff. The actual court order only precluded him from possessing firearms. Summary judgment in favor of the defense on the false arrest aspect of the case was granted. When deputies searched Plaintiff prior to transporting him to jail, he refused to stand still and was generally uncooperative. Deputies took Plaintiff to the ground and tased him in “drive stun” mode. When he arrived at the jail, he complained that he could not walk as a result of leg restraints having been applied too tightly. He was carried into the booking area where he remained uncooperative and was deemed a booking process delay. Consequently, he was taken to a medical observation cell where most of his clothing was removed while being subjected to various control holds. The process was videotaped and Plaintiff cried out in pain throughout. After a little over three hours of deliberation, the jury returned a verdict on July 1, 2011, in favor of the seven deputy defendants.