Judge awards $1 million in Brett Elder wrongful death suit against Bay City, police

August 21, 2011
LaNia Coleman, The Bay City Times


BAY CITY — A federal judge in Bay City has approved a $1 million settlement in the wrongful death suit filed by the family of Brett Elder, the Bay City teen who died after Bay City police used a Taser to subdue him.

Eugene Elder Sr. filed the lawsuit against the city and Cpl. James Lyman in December 2009, nine months after his 15-year-old son died at a party on South Catherine.

An autopsy showed the teen died of “alcohol-induced excited delirium” coupled with “application of an electromuscular disruption device.”

Officers were called by party-goers who said the teen attacked a woman, placing her in a headlock.

Bay County Prosecutor Kurt Asbury has said the teen was intoxicated, “highly agitated and combative” and “took a fighting stance” against three officers.

Lyman deployed his Taser, the probes of which struck Brett Elder in the torso, according to reports. Witnesses claimed the teen had his hands cuffed behind his back when the Taser was fired.

Based on the state police investigation, Asbury declined to authorize criminal charges, saying the evidence did not prove any officers committed criminal acts.

Acting on the recommendation of retired Wayne County Circuit Court Judge Pamela Harwood, who served as mediator, U.S. District Judge Thomas L. Ludington signed an order for the disbursement of $1 million to four of the teen’s family members and the family’s attorneys.

The settlement provides $219,554 for Eugene Elder Sr.; $200,000 for Eugene Elder Jr. and Eric Elder, Brett Elder’s brothers; and $1,000 for Nancy Malucci, Brett Elder’s grandmother, court records show.

Another $7,500 is to be paid to attorney Howard Linden for administering Brett Elder’s estate.

The remaining $371,946 goes to Southfield attorneys Geoffrey N. Fieger, James J. Harrington IV and Robert M. Giroux Jr. of Fieger, Fieger, Kenney & Giroux, who represented Eugene Elder, according to court files.

The Bay City Times could not reach the Fieger law firm, Bay City attorney Kenneth G. Galica or city officials.

Eugene Elder Jr. declined to comment and other family members could not be reached.

Brett Elder's story to be featured in documentary on Taser use

March 22, 2010
By Shannon Murphy | The Bay City Times

Brett Elder’s story will be told beyond the Bay City area.

A documentary filmmaker from Missouri is featuring the story of Elder’s March 22, 2009, death in a film about the use of Tasers by police departments.

Elder was 15 when he was shocked by a Bay City police officer’s Taser and died a short time later.

Filmmaker Nick Berardini said he became interested in the issue of Taser safety while he was a journalism student at the University of Missouri. While Berardini was working for an NBC-affiliate news station, a young man in Moberly, Mo., died after he was Tasered for more than 30 seconds by police.

“That situation was so scary to us. We thought we’d look into it and see if there was anything similar going on elsewhere,” Berardini said.

Elder’s story will be featured in the documentary along with four other young men across the country who had Tasers used on them. Four died; the fifth is in a coma, Berardini said.

The film takes a look at Taser’s popularity with police departments and why they are used so often, Berardini said.

Berardini was not able to speak with Elder’s family, but spoke with several of his friends.

He said Elder’s situation surprised and alarmed him.

“It’s unfair that (the police) can manipulate a situation like Brett’s. They can say he’s taking a combative stance and justify using a weapon on a kid, when in reality it should be fairly simple to calm everyone down,” Berardini said. “The idea that anyone be objected to any level of force for simply not responding to an officer’s commands is very alarming to us.”

Berardini’s film is in post production and he hopes to show it at film festivals this fall. He has not yet released the film’s name.

Those interested in learning more about the film and updates can check out Berardini’s blog at www.taserfilm.blogspot.com.

19 stuns from Tasers not excessive in Patrick Lee's death, jury says

"The officers "were doing their best with the tools they were given," said John M.L. Brown, Mays' attorney."

Sickening.

May 18, 2009
By Michael Cass • THE TENNESSEAN

A federal jury decided Monday night that Metro police officers were not at fault in the death of a man who was shocked as many as 19 times by Taser stun guns in 2005.

After deliberating for most of the day, the jury decided the three officers — Jason Creagan, Jonathan Mays and Jaime Scruggs — did not use excessive force in their handling of Patrick Lee, a 21-year-old who acted strangely and resisted arrest outside a downtown nightclub.

Lee was under the influence of LSD and stripped off all of his clothes during the incident. He died two days later.

Lee's parents, Bud Lee and Cindy Lundman, sued the officers, Metro government and Taser International in 2006. U.S. District Judge Aleta A. Trauger dismissed all claims against Taser and some against Metro in January.

The officers "were doing their best with the tools they were given," said John M.L. Brown, Mays' attorney.

Dan Ruiz, Lundman's brother, said the family was very upset by the jury verdict.

"I don't know how that could happen with the evidence that was presented," Ruiz said by phone from West Palm Beach, Fla. "But that's the court system.

"My sister is pretty devastated. Her boy was killed, and she wanted vindication. But that's not going to happen right now."

Ruiz said he didn't know if his sister, a missionary in Ecuador, would appeal the verdict.

Alberta Taser death can’t totally be blamed on excited delirium: Inquiry

May 13, 2009
By THE CANADIAN PRESS

An inquiry into an Alberta man who died after RCMP zapped him three times with a Taser says his death can’t be conclusively blamed on a condition called excited delirium.

Jason Doan of Red Deer died in a coma in hospital on Aug. 30, 2006, three weeks after he was subdued by Mounties for smashing windows.

In her report, Judge Monica Bast says the electronic stun gun did not cause Doan, 28, to go into cardiac arrest.

Bast says the most likely cause of his heart stopping was excited delirium, which was the official cause noted on his death certificate.

But she says the exact cause of his death can’t be determined because of lack of medical proof.

Earlier this year, RCMP removed from its manuals the words excited delirium — a term for unexplained deaths involving police that has been panned by medical associations and civil libertarians.

Use of a Taser on a Michigan teenager played a role in his death

May 11, 2009
By Terry Camp, WJRT

A medical examiner has ruled that the use of a Taser on a Bay City teenager played a role in his death. But that's only one part of the medical examiner's findings.

In March, police used a Taser on 15-year-old Brett Elder after being called to a Bay City home in response to a fight. According to police, Elder was unruly and took a fighting stance against the three police officers when they responded to the call about a disturbance.

Elder died and the incident grabbed national attention -- and prompted protests.

Right now, the Bay County Prosecutor is reviewing the case.

Oakland County Assistant Medical Examiner Kanu Virani says the cause of his death is two-fold. The first part is identified as alcohol-induced excited delirium syndrome -- which has been ruled the cause of death in other cases involving a Taser.

The autopsy indicates Elder had been drinking.

The second part states the application of an electromuscular disruptive device was a contributory factor -- that disruptive device being the Taser. Virani's conclusion is that Elder's death was accidental.

Excited delirium syndrome has been ruled the cause of death in other cases involving a Taser. Delirium has been mentioned as a possible cause in the death of Robert Dziekanski, a Polish immigrant who died in 2007 after a Taser was used on him in a Vancouver airport.

An exact cause of death was never established, and a public inquiry into the incident is taking place currently in Canada.

As far as the Elder case, David Nickola, who is representing Elder's family, says he would like to see the complete autopsy report before commenting. A civil lawsuit in this case is possible.

The complete investigation is now with the Bay County Prosecutor's office, which will decide if criminal charges will be filed against any of the three Bay City police officers involved.

A decision could come in the next few days.