(Published Saturday, September 22, 2007 12:26:14 AM CST)
A d v e r t i s e m e n t
Gazette Staff
The Janesville City Council will decide Monday whether to pay $27,500 to settle a federal lawsuit filed by a Whitewater man who said he was shot twice with a Taser by a Janesville police officer in September 2004.
The lawsuit filed by Quinn D. Thiessen, 28, and the police report filed by officer Aaron Walz offer differing accounts of the events of Sept. 28, 2004.
In the lawsuit, Thiessen said he backed out of the door at the Quotes bar in downtown Janesville after being punched by a man inside. As he stepped from the bar, Walz arrived in his squad car.
The lawsuit and police report differ in their descriptions of events outside the tavern.
The lawsuit claims that within seconds, Walz grabbed the front of Thiessen's T-shirt, ripping it from his body and "without warning" "immediately shot" Thiessen with a Taser from close range.
Walz's report indicates Thiessen was "aggressive" and "upset" when Walz arrived. Thiessen "had his arms raised in the air as if to provoke a fight," the report reads. Thiessen was yelling at a group of people, and it appeared as if he was going to try to go back into the bar, according to the report.
Walz reported that he ordered Thiessen to get down on the ground, walked closer and again told Thiessen to get down on the ground. When Thiessen didn't, Walz reported he grabbed Thiessen's shirt "in an attempt to escort him to the ground," but the shirt ripped.
Walz reported that he again told Thiessen to get on the ground or he would be Tased.
"Thiessen failed to do so, and at that time he was Tazed in his chest," Walz's report reads.
Walz reported: "I am unsure if I gave him one or two cycles of the Taser."
According to the lawsuit, Thiessen fell to the ground and began convulsing. The pain from the Taser shot caused Thiessen to urinate in his pants.
The lawsuit reads that as Thiessen convulsed on the ground, Walz screamed at him to "turn the f--- over!" Thiessen was physically unable to comply and within a minute Walz shot Thiessen again with the Taser, according to the lawsuit.
The second shot caused Thiessen to black out, and he woke up in the rear seat of Walz's squad car, according to the lawsuit.
Walz didn't offer Thiessen any medical assistance even after Thiessen complained of severe chest pain, according to the lawsuit.
In his report, Walz wrote that Thiessen did not complain of any injuries. The officer reported that he saw no injuries on Thiessen other than a puncture from a barbed Taser probe. Thiessen asked for something to wipe the blood, and Walz gave him an alcohol swab, according to the police report.
The lawsuit indicates Thiessen didn't seek medical treatment, but he suffers panic attacks when he closes his eyes. The panic attacks, according to the lawsuit, are flashbacks to the pain he felt from his encounter with Walz.
Thiessen pleaded no contest to a forfeiture offense of disorderly conduct.
Janesville Deputy Police Chief David Moore said he knew nothing about Thiessen's excessive force allegations until the city was served with the suit earlier this year.
Walz joined the department Oct. 7, 2002, and left April 1, 2005. His departure had nothing to do with the incident involving Thiessen, Moore said.
Calls to Jeff Scott Olson, who represented Thiessen, and Kevin Reak, who represented the city, weren't returned before deadline.
U.S. District Judge John Shabaz dismissed the suit on Sept. 11 upon request of both parties.
