Stunned Motorist Settles Lawsuit against State

03/14/2008 - National Legal News

A 28-year-old Utah resident who became famous after a video of him being subdued with a Taser by a state trooper circulated on the Internet has settled his lawsuit against the state for $40,000.

In January, Jared Massey filed a lawsuit against the state of Utah after being stunned with a Taser by Utah Highway Patrolman Jon Gardner during a traffic stop on Sept. 14. The incident occurred on U.S. 40 while Massey was outside his vehicle pleading his case in order to avoid a speeding ticket.

Massey alleged in his lawsuit that he was the victim of civil rights violations because Gardner used the Taser on him before instructing him that he was under arrest.

The incident gained nationwide attention after Massey obtained a copy of the video documenting the confrontation and posted it on YouTube. The video came from the dashboard camera mounted in Gardner’s cruiser.

In addressing the incident, the Highway Patrol denied that Gardner used excessive force, but said his attitude was inappropriate. Gardner was temporarily placed on administrative leave and has since undergone conflict resolution training, the agency said.

Although supporting Gardner’s innocence, the attorney general’s office decided to settle the lawsuit rather than defend it in court, saying that litigating the case would be costly and time-consuming.

In January, Massey paid $107 for the ticket he received in the incident. The ticket listed speeding in a construction zone as the reason for the fine.

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