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UCLA Taser incident

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File:Mostafa Tabatabainejad.JPG
Tabatabainejad in handcuffs, being removed from Powell Library by UCPD officers.

On November 14, 2006, Mostafa Tabatabainejad, an Iranian-American UCLA student, was stunned several times with a Taser by campus police, for allegedly refusing to be escorted out of the College Library Instructional Computing Commons (CLICC Lab) at Powell Library. This was after refusing to provide his BruinCard (student ID) to a Community Service Officer during a routine check. Part of the incident was recorded on video by a camera phone.

This was the third video recording of (unrelated) arrests to surface in Los Angeles in the same week surrounding a considerable controversy. Tabatabainejad has said through his lawyers that he refused to identify himself because he believed himself a victim of racial profiling, and that the Tasering was an instance of police brutality.[1][2]

Incident

At approximately 11:30 pm on November 14, 2006, Community Service Officers were conducting routine checks of Bruin ID cards for students in Powell Library. UCPD Assistant Chief of Police Jeff Young said the checks are a standard procedure in the 24-hour library after 11:00pm, when use of the library is restricted to staff, faculty and students.[3]

When Tabatabainejad refused to produce university identification, he was asked to leave the premises.[4] When, according to Young, Tabatabainejad failed to leave immediately, UCPD officers were called to the scene and eventually used the Taser in its "Drive Stun" capacity.[3]

Tabatabainejad was released from custody after being given a citation for obstruction/delay of a peace officer in the performance of duty. According to a press release issued by the UCPD, he was also issued a court date.[5]

UCPD policy on Tasering

The UCPD's policy on Tasering calls Tasers a "less lethal device," and says that "although not absolutely prohibited, officers should give additional consideration to the unique circumstances involved prior to applying the Taser to...Individuals who are handcuffed or otherwise restrained." According to the policy, the "Drive Stun" capacity is appropriate "to eliminate physical resistance from an arrestee in accomplishing an arrest or physical search" (6A) as well as "pain compliance against passive resistors" (6B).[6]

In comparison with other law enforcement agencies in the same locality, the Los Angeles Police Department and Los Angeles County Sheriff's Department permit officers to use Tasers only if a suspect poses a physical threat or is acting combatively, the latter expressly forbidding the use of Tasers simply to move someone.[7]

Of the ten UC campus police departments, six have equipped officers with Tasers, but only UCLA has a flexible policy authorizing Tasers to be used as a pain-compliance tool against suspects who are passively resisting.[8]

Student

Mostafa Tabatabainejad is a fourth-year student of philosophy and Middle Eastern and North African studies at UCLA. Tabatabainejad is an American citizen of Iranian descent. He was 23 years old at the time of the incident[9] and is Bahá'í by religion.[1][10]

Officers

Terrence Duren, an African-American ex-Marine and 18-year veteran of the UCLA Police Department, Tasered Tabatabainejad five times.[11] The 2001 UCLA Officer of the Year,[12] Duren has been the subject of other use-of-force complaints and previously recommended for dismissal.[13] In an October 2003 incident, Duren shot and wounded a homeless man in a University building, a case that went to trial. In May 1990, Duren was accused of using his nightstick to choke Kent S. Scott, who was hanging out in front of a fraternity late on a Saturday night. Scott sued and the university moved to have Duren removed from the force, but later gave him 90 days’ suspension.[13] Duren has stated all of the past allegations against him regarding police misconduct and use of excessive force were investigated by the UCPD and proven false.[14] (The homeless man was convicted of assaulting an officer.[13]) Prior to joining the UCPD in the late 1980s, Duren was fired from the Long Beach Police Department.[13] Following the Tasering incident, Duren remained on active duty.

Also on the scene were Officers Alexis Bicomong, Kevin Kilgore, and Andrew Ikeda.

Video and eyewitness accounts

Part of the event is recorded in a six-minute cell phone video recorded by another student. The video has been widely disseminated online, and an edited version is available on the Daily Bruin site. Tabatabainejad is first heard (though not seen) repeatedly shouting "Don't touch me!" to the officers. Over the course of the video, he is shocked five times,[11][13][15][16] while officers repeatedly order him to stand up and stop fighting, and threaten to administer further shocks. Tabatabainejad repeatedly states that he is not fighting and that he will leave the premises. He shouts that he has a medical condition,[17] and shouts "Here's your PATRIOT Act! Here's your fucking abuse of power!" Witnesses say that when it was clear none of the other students were going to help him, Tabatabainejad said "Am I the only martyr?"[2]

Bystanders can be heard demanding the officers' names and badge numbers, and shouting for them to stop using the Taser on Tabatabainejad.[3] Later in the video, an officer is heard threatening another student with Tasering. According to an ACLU attorney, such a threat in response to a badge number request constitutes illegal assault.[3]

A press release issued by the UCPD claims that the officers "asked Tabatabainejad to leave the premises multiple times", and that Tabatabainejad refused to leave.[5] Witnesses dispute this account, saying that Tabatabainejad had begun to walk toward the door with his backpack when an officer approached him and grabbed his arm, whereupon Tabatabainejad told the officer several times to let go.[18]

According to one witness, "[Tabatabainejad was] no possible danger to any of the police. [He was] getting shocked and Tasered as he was handcuffed."[3]

Taser "Drive Stun" capacity

The officers used the Taser in its "Drive Stun" capacity. In this capacity, the Taser electrodes make direct surface contact with the subject, instead of being shot from a distance using wired, barbed probes that penetrate the skin. This use "delivers a shock to a specific part of the body with the front of the Taser".[3][19] According to a Las Vegas Metropolitan Police Department guide, "The Drive Stun causes significant localized pain in the area touched by the TASER but does not have a significant effect on the central nervous system. The Drive Stun does not incapacitate a subject but may assist in taking a subject into custody."[20]

Official response

According to the UCPD press release, "Tabatabainejad went limp and refused to exit as the officers attempted to escort him out." The release also states that Tabatabainejad "encouraged library patrons to join his resistance." At this point, the officers "deemed it necessary to use the Taser in a 'Drive Stun' capacity".[5]

In a statement released the day after the incident, Interim Chancellor Norman Abrams said:

Investigators are reviewing the incident and the officers' actions. The investigation and review will be thorough, vigorous and fair. The safety of our campus community is of paramount importance to me. Routinely checking student identification after 11 p.m. at the campus library, which is open 24 hours, is a policy posted in the library that was enacted for the protection of our students. Compliance is critical for the safety and well-being of everyone.[21]

On November 18, 2006, Iran's Foreign Ministry spokesman Mohammad-Ali Hosseini condemned the incident, and urged punishment for those responsible.[22]

Community response

File:UCLA-Taser-1.jpg
Student news conference on taser incident, November 17, 2006.

On November 17, 2006, 400 protesters,[23] including UCLA faculty and staff, parents, community members, and UCLA students, gathered at Kerckhoff Hall to protest the incident. This was followed by a march to the UCPD police station, where protesters were greeted by locked doors, turned-off lights, and officers dressed in riot gear.[4][7]

The protest was organized by more than fifty student organizations to demand an independent investigation into the incident, and to demand the inclusion of students in the investigation.[23]

Combiz Abdolrahimi, chairman of the National Iranian-American Council at UCLA, said that the chancellor should "appoint students who will be able to make sure the investigation is transparent". He also called for a temporary suspension of the officers.[23]

File:UCLA-Taser-2.jpg
Students protest taser incident, November 17, 2006.

A press conference was held by Abrams and UCPD Chief Karl Ross on the same day as the protest, during which it was announced that the UCPD was planning to conduct an independent investigation into the incident led by Merrick Bobb, president of the Police Assessment Resource Center, in addition to the internal investigation.[7][24]

On November 21, 2006, the UCLA Undergraduate Students Association Council passed a resolution "opposing inappropriate force against students by university police".[11]

On November 27, 2006, the University of California Students Association released its "Police Brutality Resolution".[25] A Daily Bruin editorial describes the resolution as "full of inaccuracies".[26]

Lawsuit

Tabatabainejad's former lawyer, Stephen Yagman, announced on November 17, 2006 that he planned to file a lawsuit against university police alleging "brutal excessive force" and false arrest.[4] According to Yagman, Tabatabainejad was asked to show his university identification card and did not do so because he believed he was being singled out for racial profiling. Yagman, who characterized the incident as an example of police brutality, claimed Tabatabainejad was the only person who was asked to show ID.

As of November 17, 2006, the University has not commented on the lawsuit.[4]

A November 22, 2006 article in the Los Angeles Times reported that Yagman had said on November 21 that he was no longer representing Tabatabainejad. It was not clear from the article whether the lawsuit against the UCPD was still going forward.[8]

On January 17, 2007, Tabatabainejad filed a federal lawsuit alleging the campus officers used excessive force, and that they violated the Americans With Disabilities Act. He is seeking unspecified damages.[27] His attorney, Paul Hoffman, expects the case to be heard next fall.[28]

References

  1. ^ a b "Groups Call For Answers In UCLA Stun Gun Incident", the Associated Press at CBS2 Los Angeles, November 17, 2006.
  2. ^ a b "UCLA orders outside probe of Taser arrest" by R. Winton, The Chicago Tribune, November 21, 2006.
  3. ^ a b c d e f "Community responds to Taser use in Powell" by Sara Taylor, Daily Bruin, November 16, 2006.
  4. ^ a b c d "Student to file suit against UCPD" by Sara Taylor, Daily Bruin, November 17, 2006.
  5. ^ a b c "Re: Powell Library Incident", memo released by the UCLA Police Department.
  6. ^ General Order 05-01, UCPD policy on Taser use. Accessed March 28, 2007.
  7. ^ a b c "UCLA orders outside probe of Taser arrest" by Richard Winton, Rong-Gong Lin II and Charles Proctor, Los Angeles Times, November 18, 2006.
  8. ^ a b "Taser use limited at most UC campuses" by Rong-Gong Lin II, Los Angeles Times, November 22, 2006.
  9. ^ "Campus Police Use Stun Gun On UCLA Student", CBS2 Los Angeles, November 15, 2006.
  10. ^ "Student to file suit in Taser incident" by Sara Taylor, Daily Bruin, November 20, 2006.
  11. ^ a b c "USAC opposes 'inappropriate force'" by Kimberly Young and Jennifer Han, Daily Bruin, November 22, 2006.
  12. ^ Officer of the Year 2001, UCPD, UCLA, 2001
  13. ^ a b c d e "Officer in Taser case identified" by Charles Proctor and Richard Winton, Los Angeles Times, November 21, 2006. Cite error: The named reference "lat1" was defined multiple times with different content (see the help page).
  14. ^ "Officer named in Taser incident" by Sara Taylor, Daily Bruin, November 21, 2006.
  15. ^ "UCLA sets Taser probe" by Laura Mecoy, The Sacramento Bee, November 18, 2006.
  16. ^ "Students Protest Taser Incident" by Sarah Kamshoshy, The Daily Californian, November 21, 2006.
  17. ^ "Student shot with Taser by UCPD officers" by Lisa Connolly, Derek Lipkin and Saba Riazati, Daily Bruin, November 15, 2006.
  18. ^ "A third incident, a new video" by Amanda Covarrubias and Stuart Silverstein, Los Angeles Times, November 16, 2006.
  19. ^ "UCLA cops taser ID-less student" by Lester Haines, The Register, November 16, 2006.
  20. ^ "Use of the Taser" from the Las Vegas Metropolitan Police Department.
  21. ^ "Statement from UCLA Acting Chancellor Norman Abrams About Incident at Powell Library"
  22. ^ "Spokesman condemns beating of Iranian student by US police", Islamic Republic News Agency, November 18, 2006.
  23. ^ a b c "UCLA community gathers to protest Taser incident, campus violence" by Julia Erlandson and Anthony Pesce, Daily Bruin, November 17, 2006.
  24. ^ "Powell Incident Investigation" UCLA, November 17, 2006.
  25. ^ "UCSA Police Brutality Resolution", by Foaad Khosmood, Doug Jorgesen, and Tina Park, November 17, 2006.
  26. ^ "Editorial: UCSA Taser resolution inaccurate, uninformed", Daily Bruin, November 29, 2006.
  27. ^ "UCLA student sues over tasering" by Andrew Blankstein, Los Angeles Times, January 17, 2007.
  28. ^ "Student files lawsuit over Taser use" by Sara Taylor, Daily Bruin, January 18, 2007.

External links

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