The Vermont State Police violated the constitutional rights of a disabled Thetford man when a trooper shot and killed him with a Taser, according to a lawsuit filed in federal court Wednesday.
The lawsuit filed in U.S. District Court in Burlington by Rhonda Taylor asks for a jury trial and seeks unspecified damages against two state police officers and other officials in the Department of Public Safety.
Macadam Mason. Photo courtesy of Theresa Davidonis July 2012
The lawsuit alleges that Trooper David Shaffer used excessive force in subduing Taylor’s son, MacAdam Mason of Thetford, on June 20, 2012, by firing his Taser at Mason, who suffered from a seizure disorder. It also alleges that the trooper ignored state police policy against using conducted electrical weapons on disabled people and that the trooper had been instructed not to aim a Taser at anyone’s chest.
The lawsuit seeks unspecified damages for Mason’s death and his pain and suffering, asks for punitive damages against Shaffer and seeks compensation for Mason’s survivors, including Taylor. To file a lawsuit in federal court, the relief claim must exceed $75,000.
Appel said the lawsuit was also intended to increase police accountability.
“This is the only way the people of the state can hold police accountable,” Appel said at a news conference Wednesday. “Left to their own devices, supervising law enforcement executives have not done well in holding their people accountable.”
Appel said the lawsuit was needed because state officials rarely find fault with police actions.
“Our attorney general has a record of not bringing criminal charges against police when they engage in criminal conduct, such as excessive use of force,” Appel said.
Attorney General Bill Sorrell investigated the Mason incident and no charges were filed against Shaffer.
Rhonda Taylor filed a lawsuit against the Vermont State Police on Wednesday in U.S. District Court in Burlington. Photo by Cory Dawson/VTDigger
Mason’s death
Mason, 39, suffered from a seizure disorder related to a traumatic brain injury. According to court records, police were called to the home of Mason’s girlfriend, Theresa Davidonis, after Mason called a local mental health agency threatening to harm himself. Mason was then told to call his doctor at Dartmouth-Hitchcock Medical Center in Lebanon, New Hampshire. A person at DHMC spoke with Mason and then notified state police, documents say.
Police responded to Davidonis’ home and she soon arrived there from work, court documents say. She told police that Mason had suffered a seizure the day before and the best thing to do was leave him alone. She asked police to leave the property and returned to work. The lawsuit states that police did not leave the scene and that Davidonis was summoned to return to the home to assist police.
Trooper Shaffer said Mason was then seen emerging from a wooded area. The officer aimed a rifle at Mason and ordered Mason to lie down, documents say. Mason sat on the ground but refused to lie down, Shaffer said. As Shaffer approached, Mason stood up and walked toward the officer, who then exchanged his rifle for a Taser, records show.
Shaffer said he felt threatened by Mason and fired his weapon, striking Mason in the chest. Mason died a short time later of cardiac arrest.
The lawsuit claims Shaffer was trained in the use of Tasers and was aware that the device should not be aimed at a person’s breast or chest and should not be fired at a person with a history of seizures.
In the wake of Mason’s death, the Vermont Legislature passed a law requiring that a statewide policy on Taser use be developed and that all law enforcement personnel follow it. The law also requires that police be trained in the use of the device.
Taser International, which manufactures the device, is not part of the lawsuit. Appel said the company includes so many warnings in its owners’ materials that they have largely insulated themselves from legal challenge. The problem, he said, is that the myriad warnings are not strictly followed by law enforcement.
Allen Gilbert, executive director Vermont ACLU, joined Taylor at the news conference in support of increased public access to police investigations.
“Vermont has not done a good job in giving the public access and understanding in why police sometimes do the things they do,” Gilbert said. We think it’s important the public have more access to their investigations and results of investigations than is currently in place.”
Taylor said the proceeds from any award would go toward the support of Mason’s daughter.
Davidonis, Mason’s girlfriend, settled her wrongful death lawsuit with the state for $30,000 in December.
Clarification: Relief claims in federal court must exceed $75,000.
Read the story on VTDigger here: Civil rights lawsuit filed against state police in Taser death + video.
