Taser case settled for more than $1M

POST FALLS — The Post Falls family of a man who was left permanently disabled after a stun gun was applied to him during a 2012 incident will be awarded more than $1 million as a result of a settlement between attorneys in the case.

Marvin Ball, 66, was involved in an altercation with a Post Falls police officer, resulting in him being tazed, a civil complaint states.

Ball later had a stroke while being held at the Kootenai County jail, and his attorneys alleged there was a lack of response to Ball's deteriorating health that led to irreversible medical issues.

Charles Lempesis, Ball's attorney, declined Monday to release the individual amounts to be paid by defendants Kootenai County, Post Falls and Correctional Healthcare Management, which was under contract by the county to provide health care services to jail inmates. But he did say the total amount was over $1 million, and that the bulk of the settlement will be paid by Correctional Healthcare Management.

"We're satisfied that we've settled the case," Lempesis said, adding that there will not be a trial.

"Richard Baughman (fellow attorney) and I have the highest regard for the city of Post Falls and the Kootenai County Sheriff's Office," Lempesis said. "They're entitled to make mistakes, but it is our jobs as attorneys to hold people accountable for their actions."

The financial settlement comes after U.S. District Judge Edward Lodge rendered his decision Sept. 30 that Post Falls Officer Jason DeWitt did not violate Ball's Constitutional rights and is entitled to qualified immunity for his actions.

"There is not any evidence that Officer DeWitt acted with the intent to cause harm to Ball," Lodge wrote in his decision. "Moreover, there is no evidence that the arrest and tazing of Ball caused any harm to Ball as paramedics examined him and he claimed to be fine after the arrest."

Post Falls Police Chief Scot Haug said his department reviewed the case and supported DeWitt's actions from the beginning.

"We stand behind what he did, and it's good to have the federal court reaffirm your perception," he said. "He did the right thing under difficult circumstances."

Haug said what happened to Ball is "very unfortunate."

"We never want to see what happened to Mr. Ball, but we don't believe the officer was at fault for what happened," Haug said. "The officers have to deal with these difficult situations and life's most challenging moments. We would never wish harm on anybody."

Haug on Monday said he hadn't heard the amounts to be paid by each of the defendants and wasn't aware of the settlement after the judge's decision. Attorney Peter Erbland, who represents the county, couldn't be reached for comment.

Attorney Kevin West, who represented Correctional Healthcare, declined to comment or discuss details of the settlement.

On June 28, 2012, DeWitt was dispatched to Ball's apartment complex in response to another resident who said Ball asked her how much it would cost for him to perform oral sex on her.

DeWitt, the complaint states, motioned for Ball to come to him, but Ball instead walked into his apartment and locked the door.

DeWitt, without the permission of Ball or the complex manager, kicked the door open and attempted to seize Ball, the complaint states. Ball resisted and DeWitt responded by discharging his Taser into Ball's left thigh.

Ball was arrested for resisting arrest and obstructing a police officer.

At the jail, the complaint states DeWitt observed a change in Ball's demeanor, including the suspect’s inability to answer basic questions. Drugs were later found in Ball's cell, which led to a felony drug charge.

The complaint states that Ball, despite worsening to the point he couldn't speak, remained in jail four days without being provided medical care or going to the hospital. CHC nurse Alanna Vesser is named as a defendant in the case.

Eventually all of the charges against Ball were dismissed, but the complaint states that Ball suffered a stroke that led to him being confined to a wheelchair, requiring his son to become Ball’s primary caregiver.