where's your brother that you don't know I have no idea was he involved in a fight I have no idea I left minutes ago okay you weren't involved in the fight though I was not involved in the fight so you and your brother got in a fight I was not in a fight what's your name what's your name hey hey what's your name my name it's Officer Sully what's your f*cking name it's Officer Sully what's that against my name what is it Officer Sully oh thank you yeah no problem thank you guess what I won't forget it cause we'll see each other in court you know that right get on the ground yeah keep doing it you f*cking 37 come Taser deployed hands on your back now where's your brother that you don't know I have no idea was he involved in a fight I have no idea I left minutes ago okay you weren't involved in the fight though I was not involved in the fight so you and your brother got in a fight I was not in a fight and obviously we have you urinating here which well I know I I mean I don't want to sit here and write about I'm 69 years old I had to pee no and I get where you're coming from and I don't want to sit here I was not in a fight I I don't want to write a bunch of tickets I did not I was not in a fight but when I asked you if you know who Scott was you said that's my brother but originally you said you don't no you never said Scott what did I say the first time you said Scott I said yeah he's my brother okay well I guess we're gonna misremember that okay well Scott's my brother yeah but I was not in the fight with him yeah I was in but I left before that happened was there issues going on there there was arguments and I got the hell out of there because you didn't want to be involved no I was not involved all right um I would expect a citation in the mail for urinating in public so you're good to go I mean okay man I mean I'm late I know I know okay I'll pay the citation yep it's alright if you want to lie we probably wouldn't be there what's your 20 we gotta go let's we're gonna go we're gonna go we're gonna go six and Princess six and Princess Sir Sir stop 37 coming through stop you're gonna get chased stop stop you're gonna get tased Taser Taser Taser oh oh you you f*cking lay on your stomach you f*cking come Taser deployed you f*cking lay on your stomach f*cking lay on your stomach you're gonna get tased you f*cking c*ck you're gonna taste stop you Taser Taser Taser yeah yeah keep doing it ah hands on your back now you f*cking c*nt you f*cking c*nt you f*cking c*nt 37 count give me more yes now I'm just walking down the street you ran from me get on the ground get on the ground why cause you're under arrest police department run from you get on the ground get on the ground get off wait stop it flip him flip him no way on your back right now absolutely not absolutely not absolutely not break your stun got him on August 3rd, 2024 Stevens Point police responded to a reported violent assault at a local bar the suspect fled officers pursued a Taser was deployed three legal frameworks govern this entire encounter first the foot pursuit under Illinois versus Wardlow decided by the Supreme Court in 2000 unprovoked flight from officers who possess reasonable suspicion is itself a factor supporting seizure here officers had more than reasonable suspicion witness accounts of a violent bar assault established probable cause before any force was applied that distinction matters probable cause is a higher legal threshold and it was met before the chase began second the Taser deployment Graham versus Conner 1989 sets the controlling standard force is evaluated on three factors the severity of the crime at issue whether the subject poses an immediate threat and whether the subject is actively resisting or evading on all three factors this deployment is defensible the underlying offense was a violent assault the suspect turned toward the officer with clenched fists a pre attack indicator after a verbal Taser warning was delivered he was actively evading a lawful stop under Brian versus Mcpherson 9th Circuit 2,010 Taser deployment is classified as a significant intermediate use of force requiring objective justification the pre deployment warning audibly delivered before each cycle satisfies Wisconsin use of force policy requirements you're a bunch of b*tches god you're a bunch of b*tches show this other hand ah take it off take it off now step my head let it go right now step it up let go of me let's go let's go trying to bite me you know what cough cough cough cough him now give me light give me light got it got it Stacy are you OK yeah I'm fine back up real quick get a breather you guys let's replace these three yup OK I don't know whose body camera that is but I got one of my pocket all right let's get him in recovery get him on that side one two three got him yeah how are you fine I've been better smart things to do man this was not on the list of things yeah yeah that's smart are you injured come on Jesus Christ answer the question you f*cking know this come don't be a f*cking p*ssy not f*cking injured come on you just had to work a little bit harder right look at me look at me grab a you think this is hard you think this is hard f*ggots this is f*cked up we got him now all of you that's what I heard too so I were look I mean not just stay around hey don't stay around why why would I do that why would I do that why would I do that why would I do that why why would I do that you're a f*cking g*y motherf*cker so let me have that you motherf*cker right there stop look at that K motherf*cker look at you too I'm scared look at this motherf*cker I'm scared alright hahaha you help him pull that out oh it's scared f*ck sounds good rap whatever f*ck you got them yeah I got this got it OK third the restraint phase this is where the legal picture shifts once the suspect was handcuffed and prone the acute threat was neutralized but the legal obligations did not end there they changed category the suspect made a specific repeated complaint that officers were applying pressure to his spine during hobble application Estelle versus Gamble 1976 holds that deliberate indifference to a serious medical need constitutes a constitutional violation under the 14th Amendment the legal threshold is not negligence it requires subjective awareness of a risk combined with conscious disregard a specific audible repeated spinal complaint captured on camera makes the awareness element very difficult to contest Wisconsin law enforcement standards require medical evaluation prior to transport for any subject who has received Taser deployment this suspect also disclosed a pre existing shoulder injury on camera neither complaint was visibly triaged at the scene the hobble restraint is an authorized control device however Wisconsin Department of Justice Crisis Intervention Training cautions against prolonged prone restraint following a physical struggle due to positional asphyxia risk the eventual wheelchair transition resolved that risk but the gap between the complaint and the response is the window of legal exposure I'm gonna throw those on quick we're gonna do a wrap if you wanna assist us with doing this we're gonna get probes out quick I've got one in the hip here standing of what happened at the restaurant there's supposed to be four there's two Taser points on me there's some wire up by a stair OK zero on me there there's like 10 of you continue on so four 10 two keep looking keep looking cause there's something there's something there keep looking I know there's something there find it find it keep looking god you guys have nothing to do you have nothing to do but keep looking keep looking keep looking I see a math everywhere there's so much math keep looking yeah keep looking right now we're trying to find things that are stuck in you yeah whatever I don't give a f*ck we're clear back here how much you guys are like weird as f*ck let's say let's start getting his legs in where's the leg shirt it should be underneath it right now I think right there sorry got him yup stop stop resist don't f*ck fight put my legs to anything don't put my legs to anything what did I just say stop now I will stop no no stop no no no no no no no stop stop no no no no no your choice now is to stop fighting no you you are rejecting me and putting with pressure on my spine I'm telling you right now I'm screaming stop you're putting pressure on my spine stop stop you are stop stop you are putting pressure on my spine stop it oh my god I told you no no no stop it stop still with us man you you can't you you can't that is a yes yes please take that I'll take this please take that that's a yes alright one two three three alright lift it up a little bit higher I don't think it's tight enough keep doing it tighter tighter you the guy tightening it that's on film you tighten it a little bit more you do you hear me that's you standing next to me that's really heavy that's a bitch was it white you can hear me no I'm not hey can you tighten that any tighter no I can't yeah oh thank you you are so thank you thank you you know what it is you're a tighten it tighter come on tighten it tighter come on be a f*cking man why won't you tighten it why won't you tighten it come on come on come on come on come on you right there you right there what's your name what's your name hey hey what's your name my name it's Officer Sully what's your f*cking name it's Officer Sully what's that against my name what is it Officer Sully oh thank you yeah no problem thank you guess what I won't forget it I won't that's fine any more of you any more of you in here any more of you for this b*llsh*t you guys are a complete joke you guys are a complete joke here we go do you know what's gonna happen you're gonna let me go no I'm not yeah you're gonna let me go you got that side hey they're gonna let me go yep alright do you know that do you know that they're gonna let me go you know that they'll let me go alright they will who's car they'll let me go alright they'll let me go two three they'll let me go after all of this I'm so glad say I'm going out oh never mind this way and do this cause we'll see each other in court you know that right on officer professionalism both officers use profane and derogatory language toward a restrained subject throughout the custody phase this does not constitute a Fourth Amendment violation in itself but it creates compounding civil liability under Monell versus department of Social Services 1978 when multiple officers engage in the same pattern of misconduct courts may infer a department custom or training failure sufficient to support municipal liability under 42 USC section 1983 individual officers are one risk the department is another every statement made on a body cam is preserved as evidence every officer response to a restrained subject's verbal provocation becomes exhibit material in the civil proceeding the subject explicitly announced on camera he intended to pursue the primary pursuit officer receives a C plus the foot pursuit was legally grounded the Taser warning and deployment were procedurally defensible however the failure to initiate medical triage despite Taser deployment a spine complaint and a shoulder disclosure is a serious procedural gap with constitutional consequences the sustained profane language throughout the custody phase serves no tactical function violates professional standards and creates preventable civil liability on a record that will be reviewed in any subsequent proceeding Officer Sully receives a C identifying himself by name when legally asked was correct his verbal conduct throughout the custody phase mirrors the primary officer's pattern which is the problem multiple officers exhibiting the same conduct shifts the legal inference from individual failure to institutional failure the suspect receives a C plus the original violent assault and subsequent flight are the proximate cause of every force application that followed active resistance post Taser extended the encounter and resulted in additional charges however the suspect's documented medical complaints are legally significant his explicit demand for an officer's name by the book and his stated intention to seek legal remedies through the courts rather than through continued physical confrontation are noted in his favor yes you will you will and this is so stupid of you right it's so stupid about all of you to do this so stupid so stupid there's no way to speed you don't have to speed right we're getting there no matter what right nowhere don't need to speed in a half an hour they'll let me f*cking go which is sad which is sad with you which is sad you being p*ece of sh*t motherf*cker just just driving us around half an hour I'll be out yeah enjoy enjoy enjoy it just keep talking cause you're a f*cking ignorant motherf*cker that just driving people around and yes yes you don't know sh*t you probably never even been to college or know what a college even stands for it's unfortunate you keeping like put slander on the side of your mouth right what's the question sir oh nothing we're just waiting here for a second hey if you're good I'm good oh I'm good but yeah but just don't let that one cause we're not good do you hear what I'm saying to you I hear what you're saying so you wanna make it rough or do you wanna make it easy well right now we're gonna we're gonna make it rough but if in that that guy's not there then we can make it easy cause I can just like f*cking dead dead what do you wanna do how do you wanna do it well we're gonna slide you under the chair here and I'm gonna work on it OK alright stop we're gonna pop out in this wheelchair okay okay got a bad salt shoulder so none of you care so yeah but you and your minimum wage jobs right because you're tricks no matter what yeah keep keep doing it yeah keep willing it left right let's examine the constitutional framework lessons Learned 1 a justified use of force and professional conduct are not mutually exclusive Graham versus Conner governs the force decision Estelle versus gamble and Menell govern everything that follows both sets of standards apply simultaneously 2 post taser medical triage is not optional it is a policy requirement with constitutional backing documenting triage on camera before transport closes the deliberate indifference argument at the threshold 3 a restrained subject's verbal provocation is protected speech under Cohen versus California 1971 responding to it on camera extends the liability record with no tactical or legal return disengagement is the professional and legally correct response 4 specific medical complaints made during restraint trigger a duty of care regardless of how they are delivered tone does not determine whether a complaint is legally cognizable anger does not cancel a constitutional right to medical attention let us know if there is an interaction or legal topic that you 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