Fouad Kaady

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Fouad Kaady (January 8, 1978 – September 8, 2005) was a resident of Gresham, Oregon who was shot to death by police after being injured in a car wreck.

Police encounter[edit]

A Sandy, Oregon, police officer and a Clackamas County sheriff's deputy, arrived at the scene and observed that Kaady was naked and sitting "Indian style" on the ground and had severe burns all over his body. He was ordered to lie face down on the ground, despite his injuries. When Kaady failed to comply with orders to lie on the ground they used a taser on him multiple times.[1] Kaady allegedly climbed a patrol car and appeared poised to jump the Sandy officer according to official reports; at this point, he was shot seven times and later pronounced dead at the scene.

Eyewitness accounts of the incident are split, with some individuals outraged that the officers used deadly force, and others convinced that the officers acted appropriately, however there are discrepancies between the shared account of the enforcing officers and the separate witnesses who saw the scene. A subsequent internal investigation ultimately cleared the officers of any misconduct.

Civil Trial[edit]

Kaady's family hired the law firm of American trial lawyer Gerry Spence. The family filed a lawsuit in September 2006 against Clackamas county, county sheriff's Deputy David E. Willardand, the city of Sandy and former officer William J. Bergin.[2] Bergin who joined the Sandy police force in May 2005,[3] was off the force due to criminal activity,[1] and due to unrelated activity plead guilty to official-misconduct in June 2009.[4] The family alleged that the police used excessive force, made an unconstitutional arrest and caused a wrongful death, among other charges. In 2009 a one million dollar settlement with the city of Sandy was reached.[2] A settlement with Clackamas County of one million dollars was reached in March 2010.[5] In both cases neither side admitted to any wrongdoing. A Sandy City Manager and the attorney representing Clackamas county said the settlements were offered by the insurance carrier's as business decisions.[2][5]

Federal Judge Ruling on Use of Taser on Kaady[edit]

On January 30, 2009 Judge Paul Papak concluded that Sandy police officers should have known that, if an individual is not posing an immediate threat, police are not allowed to use Tasers on an individual simply because the individual is not complying with commands.[6] The hearing was part of the Kaady family's lawsuit. Shortly after this hearing a report on the Portland Police called for improved restrictive guidelines for using less lethal weapons such as bean bag guns and Tasers.[6]

References[edit]

  1. ^ a b Spence, Kent (16 March 2010). "Fouad Kaady family attorney issues statement in fatal shooting by officers". The Oregonian (Oregon Live LLC). Retrieved Feb 11, 2013. 
  2. ^ a b c Bella, Rick (1 July 2009). "$1 million settlement reached in 2005 shooting near Sandy". The Oregonian (Oregon Live LLC). Retrieved Feb 11, 2013. 
  3. ^ Wolfe, Tome (13 Nov 2008). "Former Sandy officer charged with ID theft, misconduct". The Oregonian (Oregon Live LLC). Retrieved Feb 12, 2013. 
  4. ^ Meyes, Steve (25 June 2009). "Former Sandy policeman pleads guilty to official misconduct". The Oregonian (Oregon Live LLC). Retrieved Feb 12, 2013. 
  5. ^ a b Bella, Rick (15 March 2010). "Clackamas County to pay $1 million in Fouad Kaady shooting death". The Oregonian (Oregon Live LLC). Retrieved Feb 11, 2013. 
  6. ^ a b Pitkin, James (24 February 2009). "Taser News: Judge Rules Against Cop in Fouad Kaady Case". Willamette Week (Willamette Week Newspaper & WWEEK.COM). Retrieved Feb 11, 2013.