SALT LAKE CITY — The family of Brian Cardall, who died in the middle of a bipolar episode after a Hurricane police officer twice used a Taser to subdue him, filed a lawsuit Thursday against those they believe are responsible for his death.
Cardall's wife, Anna, daughters Ava and Bella and parents Duane and Margaret are all listed as plaintiffs in the suit, which names the city of Hurricane, Hurricane police officer Kenneth Thompson, Hurricane Police Chief Lynn Excell and any others involved in the death of the 32-year-old man.
Alleging wrongful death, deprivation of constitutional rights, violation of the Utah Constitution and intentional infliction of emotional distress, the family is asking for a jury trial to hear the matter.
The lawsuit filed in federal court states that officers not only used excessive force against Brian Cardall but deprived Anna Cardall of her Fourth Amendment rights when they allegedly detained her and interrogated her without probable cause.
On June 9, Anna Cardall called 911 to describe a frantic scene of her husband taking off all of his clothes and running onto state Route 59 trying to either flag down vehicles or direct traffic. In a recording of the emergency call, she told dispatchers she was scared and worried that her husband, who had a bipolar disorder, was going to be hit by a vehicle.
In the background, Brian Cardall could be heard screaming several nonsensical sentences. Law enforcement officers, including Thompson and Excell, quickly arrived at the scene and, according to the lawsuit, were fully aware of the situation. It states that they knew Cardall was bipolar, had recently taken medication that had yet to take effect, was trying to direct traffic and talking about meeting with the president.
Cardall was no longer in the roadway when officers arrived, the lawsuit alleges, but Thompson nevertheless exited his vehicle with his Taser drawn. He never attempted to calm Cardall down, nor did he use physical force or pepper spray, which he had at his disposal, to take control of the situation, according to the suit.
The lawsuit describes a thin, naked and unarmed man pleading with police not to shoot. He was then shot twice with a Taser on his "naked chest immediately over his heart" after taking "at most, one step" forward, the lawsuit says. Although Cardall fell to the ground after the first shot was deployed, a second Taser cycle was deployed.
Neither Thompson nor Excell attempted to check the man's vital signs or to verify that he was still breathing, despite Anna Cardall's inquiries about her husband, the lawsuit states. It also alleges that the officers instead left Cardall handcuffed and face down in the dirt. An officer who arrived later at the scene noticed that Cardall's lips were blue, and paramedics who arrived at the scene noted that the man showed signs of cardiac arrest.
If Hurricane had properly trained its officers to deal with those with mental disorders and those on whom a Taser had been deployed, they would have known to check for a pulse and perform CPR, the Cardall family alleges.
Officers then had the then-pregnant Anna Cardall drive not to the hospital where her husband was transported but to the jail where, according to the suit, she was taken into custody. She was held in an interrogation room — which she wasn't permitted to leave even to retrieve a clean diaper for her daughter — and denied repeated requests for information as to her husband's condition. She was then interrogated by police and informed that her husband was dead.
Thompson's actions demonstrated "malicious, reckless and callous indifference to Brian Cardall's clearly established constitutional rights," the lawsuit states, but he was cleared of all wrongdoing in an investigation by the Washington County Attorney's Office.
Attorney Peter Stirba, who represents Hurricane city and the officers involved in the case, said that while the case was "profoundly tragic" and will be "very, very difficult for everyone involved to litigate," the actions of the officers were completely justified.
"After dealing with all the facts and circumstances, after interviewing the witnesses and looking at all the evidence, the county attorney determined in his report that it was a rapidly evolving, uncertain situation and the officers acted consistently with their training. … Under the circumstances, it was fully justified," he said.
Related links
Recordings show Cardall hit twice with Taser before dying
Family remembers Cardall's accomplishments
Hurricane officer cleared in Cardall Taser incident
e-mail: emorgan@desnews.com