Cop sent an apology cake: 'Sorry I Tased You'

Angel4Truth

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Apology cake: 'Sorry I Tased You'

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A local woman has filed a civil lawsuit against a former Escambia County deputy who allegedly discharged a stun gun into her chest and neck without provocation, tried to cover up the incident, then apologized with an off-color cake.

The suit, filed in federal court by Stephanie Byron in May, also names Sheriff David Morgan in his official capacity as sheriff. The suit alleges Michael Wohlers used excessive force against Byron, violated her civil rights, committed battery against her and caused her hardships, including physical injuries, monetary loss, medical expenses, humiliation and mental anguish.

Wohlers' attorney denied the allegations in a written response to Byron's complaint.

The incident allegedly occurred in June 2015, when Wohlers finished his patrol shift and stopped to visit Byron at an apartment complex where she was employed. Documents from the Sheriff's Office and the Criminal Justice Standards and Training Commission say Wohlers discharged his stun gun during "horseplay" with Byron, but Byron and her attorney said Wednesday there was no "play" involved in the incident.

The suit alleges when Wohlers arrived at the apartment complex, he "used his apparent law enforcement authority to intimidate, harass, and threaten plaintiff ... about her personal life. Because Wohlers did not like how Plaintiff failed to respond to his show of authority, Wohlers became increasingly aggressive toward employees at the apartment complex’s office, including with Ms. Byron."

The complaint claims Wohlers took Byron's sweet tea from her and refused to give it back. When Byron approached Wohlers to retrieve the drink, he allegedly discharged the stun gun into her chest and throat. The complaint also alleges when Byron fell to the ground, Wohlers "jumped onto Ms. Byron, kneeing her in the chest" and "forcefully removed the Taser prods."

According to court documents, Wohlers later attempted to apologize to Byron by making a cake with the phrase, "Sorry I Tased You" written on it.

Wohlers has declined to comment on the case, but his attorney denied the allegations in a written response to the complaint. The response also asserts Wohlers is protected by "qualified immunity" — rights that can shield government officials from civil liability lawsuits if the official did not knowingly violate a citizen's rights while performing their duties.

The defense's response said that even if Byron's allegations were found to be truthful, Wohlers' actions "reflect, at worst, mere negligence." The defense claimed Wohlers did not act in "bad faith, or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property," making the Sheriff's Office, not Wohlers, the proper defendant in the lawsuit.

Morgan noted Tuesday that Wohlers was not engaged in an official or approved activity at the time of the incident. Wohlers resigned from the Sheriff's Office in July 2015 while under investigation for misconduct, and the ECSO reported Wohlers lied to a training officer about how his stun gun was discharged and later filed a false report about the incident.

On Monday, the Criminal Justice Standards and Training Commission announced it had reviewed the case and placed Wohlers on a one-year probationary period from serving at any law enforcement agency in Florida.

The lawsuit, which is separate from CJSTC review, is still pending in federal court. Byron is seeking compensatory damages, costs, expenses and reasonable attorney’s fees.

So, how much do you think they should pay?
 

aCultureWarrior

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How is this a domestic dispute? If a guy stalks and harrasses a woman who isnt interested, is that considered a "domestic" dispute to you?

"The suit alleges when Wohlers arrived at the apartment complex, he "used his apparent law enforcement authority to intimidate, harass, and threaten plaintiff ... about her personal life. Because Wohlers did not like how Plaintiff failed to respond to his show of authority, Wohlers became increasingly aggressive toward employees at the apartment complex’s office, including with Ms. Byron."

"The suit alleges...".

It's always kind of nice to hear the other side of the story. While there is absolutely no justification for what the off duty officer did, perhaps there had been some flirtation on the victim's part, giving the officer reason to believe that she was interested.

In any event, the county is not liable for his actions.
 

Crucible

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Your turn: do you believe the county should be held liable for the actions of an off duty deputy?

Most definitely.

It is an added assurance that police departments will choose better candidates, which can help prevent these things from happening in the first place.

As well, is it justice that someone with average income be sued for potentially hundreds of thousands of dollars for something like that?
Not really.
 

aCultureWarrior

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Quote Originally Posted by aCultureWarrior

Your turn: do you believe the county should be held liable for the actions of an off duty deputy?

Most definitely.

It is an added assurance that police departments will choose better candidates, which can help prevent these things from happening in the first place.

Present your case showing that Escambia County Sheriffs Dept. knowingly hired an emotionally/psychologically unfit person to serve as a Deputy Sheriff.

As well, is it justice that someone with average income be sued for potentially hundreds of thousands of dollars for something like that?
Not really.

Now we get to the gist of the matter. Stephanie Bryon, the alleged victim, knows that the taxpayers of Escambia County Florida have much more money that Deputy Sheriff Michael Wohlers. This case appears to be all about money, "deep pockets" money.
 

Foxfire

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Your turn: do you believe the county should be held liable for the actions of an off duty deputy?

If the County Prosecutor failed to charge the "off duty" officer with unlawful use of police equipment for the commission of a felonious assault, just as I would expect a civilian to be charged under similar circumstances, then they do share a certain culpability IMHO. To what extent, I couldn't say sans further investigation.

The errant officer's Attorney seems to think that he (Officer Wohlers) was indeed acting in "performance of his duties" and seeks protection from civil liabilities by invoking "qualified immunity" laws. He seems to want it both ways here.
The response also asserts Wohlers is protected by "qualified immunity" — rights that can shield government officials from civil liability lawsuits if the official did not knowingly violate a citizen's rights while performing their duties.



Candy's dandy, but tasers are just out-of-the-question. :think:
 

aCultureWarrior

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If the County Prosecutor failed to charge the "off duty" officer with unlawful use of police equipment for the commission of a felonious assault, just as I would expect a civilian to be charged under similar circumstances, then they do share a certain culpability IMHO. To what extent, I couldn't say sans further investigation.

Funny thing about investigations, they usually come up with the truth (based on evidence and witness accounts) unlike an emotion provoking story on a tabloid newsrag..

The errant officer's Attorney seems to think that he (Officer Wohlers) was indeed acting in "performance of his duties" and seeks protection from civil liabilities by invoking "qualified immunity" laws. He seems to want it both ways here.


Candy's dandy, but tasers are just out-of-the-question. :think:

Don't cha just hate it when there are two sides to a story.
 
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