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LAWSUITS NEWS & LEGAL INFORMATION

Gilroy, CA

Gilroy, CA: (Sep-04-07) John Davi, an epileptic who was Tasered and arrested in November 2004 after grappling with police, filed a lawsuit against the city, alleging excessive force. The suit, filed in December 2005, claimed that Gilroy police officer Nestor Qui'ones wrongfully Tasered Davi during the combative period that typically follows a seizure. It further claimed that Qui'ones falsely charged Davi with being under the influence of a controlled substance and resisting arrest, omitting a key fact from his report: Davi had a seizure. As per the records, Davi spent four months contesting the charge in criminal court before the public defender retrieved his medical records and drug test, which was clean for all substances except for benzodiazepine, administered at the hospital. The district attorney dropped the charges.

In a settlement reached, city officials agreed to a $34,000 payout with John Davi, resolving the lawsuit against the city. As part of the settlement, both parties agreed that the agreement is a compromise and will not be construed as an admission of liability. [GILROY DISPATCH: EPILEPTIC TASER]


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Published on Sep-5-07


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