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Could Repeated Tasing Have Led to Wrongful Death?

The following is a guest post by The Hayes Firm:

As reported by Matt Elofson of DothanEagle.com, a mother has recently filed a wrongful death lawsuit over the loss of her son. Two years ago Nicholas Cody died while trying to evade police during a traffic stop. He was tased multiple times and died a week later. The mother now believes the use of taser was the catalyzing factor in the young man’s death.

On June 15, 2008 Cody was stopped for a seatbelt violation. However, during the stop, police noticed a potential bag of cocaine in Cody’s possession. As police attempted to search Cody, he struggled and resisted, forcing them to tase him for the first time.

The effects of the jolt were not enough to stop Cody and he proceeded to escape. The deputies chased him to a nearby apartment complex where he was stunned again during resistance. Cody was stunned one final time when he would not allow the officers to handcuff him.

After the third jolt Cody stopped breathing and appeared to have a seizure. He died a week later in medical care.

Interestingly, it turns out that Cody had ingested a significant amount of Cocaine during the stop. Medical examiners believe he suffered from excited delirium during the arrest, which is a side effect to Cocaine and not an overdose. It is believed that excited delirium caused his seizure and not the electric jolting.

The evidence for both sides of the argument will be presented in court. The regulatory bodies that observe and gauge police levels of violence will be supporting the officers in question, suggesting that they had no recourse but to use tasing on the violent Cody. It was their only protection aside from lethal force or physical beatings. Cody’s mother and her attorney will be arguing that the amount of tasing was excessive and lead to the young man’s death.

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This guest article is presented by The Hayes Firm. If you or a loved one have been injured in an accident, do not hesitate to get a free lawyer consultation from The Hayes Firm Network. Our speciality is connecting individuals in need with the finest attorneys in their area at no charge.

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