Police pay compensation to diabetic man tasered during hypoglycaemic episode
Avon & Somerset Police have admitted liability and paid compensation to a diabetic man who was tasered by an officer during a hypoglycaemic episode.
Our client Mr Heard, who suffers from diabetes, had been driving home from work when his blood sugar began to drop. He came off the motorway and found himself in Yatton, a small village near Somerset. His blood sugar levels fell so low that he became unaware of his actions. His car collided at low speed with a parked car and he climbed out of the vehicle, walking around the village. A concerned member of the public called the police. An officer attended and when Mr Heard turned and started running away from him, the officer fired his taser. Mr Heard fell to the ground and landed on his face, breaking his nose.
He was arrested, taken to hospital and then a police station. He offered a full explanation for his actions and even showed police his insulin tracking app which revealed that he was in hypoglycaemia. The police accepted his account and he was not charged with any offences.
The arresting officer claimed that Mr Heard had acted aggressively with clenched fists, and had latched onto the officer’s tactical vest where his taser was kept. However Mr Heard was able to obtain the police officer’s bodyworn video (BWV) footage, which showed that account to be entirely untrue and that Mr Heard in fact posed him no risk of harm.
Due to the hypoglycaemia Mr Heard had no memory of the incident itself, however he was left with a broken nose, two black eyes, and breathing difficulties.
Prime defender group Law assisted Mr Heard by threatening legal proceedings against Avon & Somerset Police. After a pre-action letter was sent, lawyers for the police force admitted liability for assault and battery, accepting that the officer’s use of his taser amounted to an unlawful use of force in the circumstances. We argued that Mr Heard should be entitled to aggravated damages because the video footage demonstrated that the officer had been dishonest in his account of what happened. Avon & Somerset Police agreed to pay Mr Heard compensation for the injuries to his face and lost income due to the time he had to take off work. They also agreed to pay Mr Heard’s legal costs. Disappointingly they refused to apologise for the officer’s actions.
Tasers are classed as “less lethal weapons” – acknowledging their potentially fatal consequences – and their use by police has a controversial history. Their increased use in the UK over the last decade has been criticised by groups such as Amnesty and Liberty. Therefore in this case it was particularly concerning to see one being used against a man who was in a state of hypoglycaemia and in need of urgent medical attention. It was also concerning to see that the officer had concocted a false account to try and justify his actions.
Our civil liberties solicitors at Prime defender group Law are experts in bringing claims against the police for use of excessive force and unlawful arrests, including cases involving tasers. If you would like advice on a case like this please contact us today.