Thread: Former Bengals player sues city for $50 million

Former Bengals player sues city for $50 million
Associated Press
1 September 2006

CINCINNATI (AP) - Former Bengals defensive tackle Matthias Askew filed a $50 million lawsuit against the city, accusing police officers of excessive force when they used a stun gun to subdue him while making an arrest in July.

The suit contends Askew was falsely arrested and maliciously prosecuted. It asks that the police department's policy on the use of force be declared unconstitutional.
The lawyer who filed the suit Thursday in U.S. District Court is seeking class-action status to include others who have been shocked with Tasers.

The 24-year-old player was acquitted last week on charges of disorderly conduct, resisting arrest, failure to comply with an officer's order and obstructing justice.

Police arrested Askew on July 22 after a dispute broke out over his illegally parked car. The 6-foot-5, 302-pound lineman struggled with officers trying to handcuff him and broke away before being shocked, police said.

Askew, a fourth-round draft choice in 2004 from Michigan State, has been hampered by injuries and was cut by the Bengals on Aug. 15.

This is ridiculous!!!
> come on!

When the officer says, put your hands behind your back, then do it.
There was probably a 5'10" 180lbs officer by himself, trying to resolve an issue....if he didnt feel safe talking to this very large man, then for his safety he should handcuff him....he can always take the cuffs off if he later determines that to be the right course of action.


At the moment the player "broke loose" from the officer and his orders to not resist, he deserved to get stunned!
It was certainly better for the player then a baton on the knee cap!

Unfortunately, the police dont get "do overs" when it comes to their safety.
They make a procedural mistake, it can cost them their lives.

Ok....off my soapbox

As a former use of force instrcutor for the police department I worked in, I can tell you that he stands little to no chance of having the department UoF policy being declared unconstitutional.
Assuming it follows the same non lethal use of force ladder that every other police department I have seen does, the UoF ideology, including non-lethal techniques, has been upheld several times by state supreme courts across the country.

The fact that they are attacking the city and its use of force policy indicates to me that the officers in question followed the UoF policy correctly.
Pretty much the only thing the city will have to do is demonstrate that a reasonable person would believe that Askew could inflict a specified degree of bodily harm, and therefore justify the level of force used.
The burden of proof is on Askew and his attorney to show that any reasonable person would have been able to get Askew into custody using a lesser means of force.

On the flip side, I don't care for tasers.
They are only marginally effective, and then only if used correctly.
They also cannot be used in conjunction with other levels of non lethal force, such as OC spray, which gives the officers less options.

BTW Vikefanman, a baton to the knee cap is actually much less effective than a baton to the thigh .
Projecting force through the muscle and bone to strike the femoral nerve is very debilitating, but doesn't leave any lasting injuries.
This is the same underlying reason that monkey bumps are so painful.
Imagine the feeling of hitting your funny bone multiplied 1000 times, and throw in the most painful bruise of your life...

They are putting a guy in handcuffs because his car is illegally parked?
I think the officer might need a little more public relations training in how to avoid escalating a situation.

"RK." wrote:

They are putting a guy in handcuffs because his car is illegally parked?
I think the officer might need a little more public relations training in how to avoid escalating a situation.

Actually, it said the officers were trying to handcuff him after a dispute broke out over the illegally parked car.
Again, they are not suing the officers for violating the established use of force policy, they are suing the city claiming that the established use of force policy some how violated Achoo's rights.

I have seen several illegally parked cars end up with someone in handcuffs.
it usually went something like this (athough I don't claim to know anything about the case in question.
Given the fact that Askewed was acquitted, there was probably some fault on the part of the officer to begin with):

Officer sees someone park illegally.
My favorite was seeing people park in handicap spaces.
The officer tells the driver that they can't park there.
The driver cops an attitude and parks there anyway.
The officer gives the driver a lawful order to move the car or be arrested.
Again, the driver answers back with attitude, thinking the threat of arrest is just a bluff on the officer's part.
The officer then makes good on his threat...

"RK." wrote:

They are putting a guy in handcuffs because his car is illegally parked?
I think the officer might need a little more public relations training in how to avoid escalating a situation.

I have never been a police officer (but I did stay in a Holiday Inn Express before)
However, I dont think it is always the case of the officer needing "public relations training".
Handcuffs do not always mean an arrest.. they can simply mean that the officer felt they were necessary for his safety, the safety of others, the safety of the individual involved, etc....


Furthermore, for anyone that enjoys watching COPS on TV....lets be real....the reason it is so damn entertaining is that you get to see first hand how stupid decisions and comments allow many people go from being release to going to jail!
Its funny to see someone that all they had to do was keep their mouth shut and they would be released...but nooooooooooooooo....
they keep on acting like fools and esculate the situation until they are arrested.

At least thats why I watch it!
;D

Well all I know is Sheriff Andy Taylor of Mayberry never had to put handcuffs on a parking violator.
;D ;D

"RK." wrote:

Well all I know is Sheriff Andy Taylor of Mayberry never had to put handcuffs on a parking violator.
;D ;D

He also had Barney Fife as his deputy so his judgment is in question and I wouldn't use that as an example!

"whackthepack" wrote:

"RK." wrote:

Well all I know is Sheriff Andy Taylor of Mayberry never had to put handcuffs on a parking violator.
;D ;D

He also had Barney Fife as his deputy so his judgment is in question and I wouldn't use that as an example!

lol. ;D

Good ol barney.
Only had one bullet and he had to keep it in his shirt pocket.