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Posted: 5:21 PM- The State of Utah has agreed to pay Vernal resident Jared Massey $40,000 to settle a lawsuit he filed against a Utah Highway Patrol trooper who shocked him twice with a Taser during a traffic stop last year.
The settlement was announced Monday by the Utah Attorney General's Office.
"We think this is a legally defensible case because Trooper [Jon] Gardner acted reasonably to avert a volatile and potentially dangerous confrontation on the side of a busy highway," said Assistant Attorney General Scott Cheney, who represented Gardner. "We recognize, however, that this is a close case."
The settlement comes on the heels of a decision by Tooele County prosecutors earlier this month that determined Gardner's actions were not criminal. An internal UHP investigation also cleared the trooper.
Massey's attorney, Bob Sykes, said Monday the offer to settle the case was not the state's first and that his client decided to take it.
Massey filed a lawsuit against Gardner in January alleging the trooper violated his civil rights when he zapped him during a traffic stop Sept. 14, 2007 on Highway 40 in Uintah County. He was stopped for driving 61 mph in a 40 mph zone.
During the stop, Massey argued with Gardner about his speed and then refused to sign the citation. Massy then exited his car and followed Gardner to his patrol vehicle where he was asked to place his hands behind his back. When he refused, Gardner shocked him.
The suit said Massey fell screaming in pain after being shocked while Gardner taunted him by saying, "Hurts, doesn't it?" Massey struck his head against the pavement and was zapped a second time because he was unable to immediately obey an order to turn over on his stomach, according to the suit.
"We thought the amount of force used was outrageous," Sykes said Monday.
The settlement amount includes attorneys' fees, and the Attorney General's Office says Massey has agreed to dismiss his lawsuit, all claims against Gardner and all potential claims against UHP, the Utah Department of Public Safety and the state. jbergreen@sltrib.com" Target="_BLANK">jbergreen@sltrib.com