AP

Landlord gets $50K after deputies use Taser in false arrest

Aug 19, 2022, 1:31 PM | Updated: 1:39 pm

ALEXANDRIA, Va. (AP) — A jury has awarded $50,000 to a northern Virginia landlord who was shot three times with a stun gun when sheriff’s deputies wrongly arrested him following a tenant’s complaint.

Matthew Souter, 57, of The Plains, Virginia, was arrested at his home in November 2018 after a tenant in his 19th-century farmhouse claimed he had violated a protective order she had obtained a day earlier.

Before the trial began Tuesday in federal court, a judge ruled that the three Fauquier County sheriff’s deputies who arrested Souter violated his constitutional rights.

The tenant claimed Souter violated the protective order by shutting off her utilities, which Souter denied. But even if he had cut off the power, Judge T.S. Ellis III said the plain language of the protective order merely barred Souter from committing acts of violence against the tenant, and shutting off the utilities would not qualify as a violation.

As a result, this week’s jury trial focused solely on the question of what damages, if any, should be awarded to Souter.

The jury decided late Thursday to award a total of $50,000 in compensatory damages, and no punitive damages.

The officers had argued that they should be held harmless; they noted that it was a magistrate who actually issued the arrest warrant, albeit at the request of one of the deputies. And they said they were entitled to qualified immunity, which protects law enforcement officers from a wide swath of legal liability.

Ellis, though, said that “qualified immunity is not for blunders,” and ruled as a matter of law that the deputies violated Souter’s rights.

“If you have a lot of power, you’ve got to be carful how you exercise that power,” Ellis told the lawyers at the trial’s outset, outside the jury’s presence. “It was a mistake a law enforcement officer should not have made.”

Ellis also said it’s settled law that, based on rulings from the 4th U.S. Circuit Court of Appeals, that individuals are within their rights to resist an unlawful arrest, and that any force used to effectuate a false arrest is by definition excessive force.

On the question of damages, the deputies’ lawyer, Alexander Francuzenko, asked jurors to consider the potential danger the officers faced as they weighed whether the deputies’ actions were unreasonable. There was an alert in the system that warned deputies to bring backup if they were called to Souter’s home, in part because of a 2015 misdemeanor conviction he had for brandishing a firearm.

One of the deputies, Andrew McCauley, testified that he used his Taser three times on Souter, and it was the first time in more than 10 years of duty that he had ever used it.

Souter, for his part, said the arrest and the Taser shots were the most excruciating pain he ever suffered in his life. He said the deputies beat and manhandled him for about seven minutes, and jurors saw photos of his bloodied face after the arrest.

Souter also said that when the officers came to arrest him, they gave him no warning. He testified that he stepped outside and gave a friendly greeting to the deputies. He said McCauley responded with a question about the electricity in his house and grabbed Souter’s arm before ever telling Souter he was under arrest.

McCauley, in his own testimony, agreed that was what occurred, though he said he quickly told Souter after putting hands on him that he was under arrest.

Souter said if the officers had explained he was under arrest, he never would have resisted, even though he knew he had done nothing wrong.

“I wake up in sweats,” Souter told the jury. “I have a fear of police officers now. I’ve lost a lot of respect for police officers because of this.”

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

southern Arizona rancher George Alan Kelly...

Associated Press

Trial of a southern Arizona rancher charged in fatal shooting of unarmed migrant goes to the jury

Closing arguments were made against a southern Arizona rancher accused of shooting an undocumented migrant on his land to death on Thursday.

12 hours ago

Donald Trump's hush money trial: 12 jurors selected...

Associated Press

Although 12 jurors were picked for Donald Trump’s hush money trial, selection of alternates is ongoing

A jury of 12 people was seated Thursday in former President Donald Trump's hush money trial. The proceedings are close to opening statements.

14 hours ago

A anti-abortion supporter stands outside the House chamber, Wednesday, April 17, 2024, at the Capit...

Associated Press

Democrats clear path to bring proposed repeal of Arizona’s near-total abortion ban to a vote

Democrats in the Arizona Senate cleared a path to bring a proposed repeal of the state’s near-total ban on abortions to a vote.

1 day ago

Most Americans are sleepy new Gallup poll finds...

Associated Press

Most Americans say they don’t get enough sleep, according to new Gallup poll

A new Gallup poll found that most Americans are sleepy — or, at least, they say they are. Multiple factors play into this.

3 days ago

Near-total abortion ban in Arizona dates back to Civil War era...

Associated Press

Near-total abortion ban dates back to 1864, during the Civil War, before Arizona was a state

The near-total abortion ban resurrected last week by the Arizona Supreme Court dates to 1864, when settlers were encroaching on tribal lands.

4 days ago

Tracy Toulou...

Associated Press

How to tackle crime in Indian Country? Empower tribal justice, ex-Justice Department official says

A recently retired director of the Justice Dept. says the federal government hasn't given tribal justice systems equal recognition.

4 days ago

Sponsored Articles

...

Midwestern University

Midwestern University Clinics: transforming health care in the valley

Midwestern University, long a fixture of comprehensive health care education in the West Valley, is also a recognized leader in community health care.

...

DISC Desert Institute for Spine Care

Sciatica pain is treatable but surgery may be required

Sciatica pain is one of the most common ailments a person can face, and if not taken seriously, it could become one of the most harmful.

...

Day & Night Air Conditioning, Heating and Plumbing

Day & Night is looking for the oldest AC in the Valley

Does your air conditioner make weird noises or a burning smell when it starts? If so, you may be due for an AC unit replacement.

Landlord gets $50K after deputies use Taser in false arrest