Some people just need their ass kicked...

After a long ass night in the jail which started with an idiot who decided to fight us when we took him into the cell, had a mid-shift meth boy who at least went to sleep after we got him in the cell, and the shift concludes with a moron like this. Now I'm spending six and a half hours at my extra job at the AT&T and I see this idiot suing for "Use of Excessive Force" in the jail.

Video: Officers sued over use of force in NM jail

Suspect has a history in the criminal justice system, court records show

SANTA FE, N.M. — A Taos man claims in a lawsuit that several State Police officers violated his civil rights with "excessive force" after they Tasered and assaulted him at the Taos County jail...

...March 7 video from the Taos jail vestibule...shows officers taking John Moya off a bench after his handcuffs are removed and one officer taking what appears to be a Taser from his belt as everyone ends up on the floor. But the brief struggle is only half visible and any use of a Taser is out of the camera's field of view.

Moya is initially led into the room with a hood over his head, possibly to prevent spitting. Once the hood is removed, both before and after the tussle, Moya appears to spit at officers. He head-butts a door window as he's being led out...

Excuse me, the suspect is not hooded "possibly to prevent spitting". Suspects are hooded to prevent spitting. In case you don't know it, diseases can be transmitted by spit. You don't want to be covered by a hood, don't spit.

...Moya, 35, was arrested on a probation violation at his Taos home where he was found hiding in an attic crawl space, said State Police spokesman Lt. Emmanuel Gutierrez. "Mr. Moya was hostile and kicking one of the officers and spitting on the other officer," said Gutierrez.

Moya kicked at a police car window, hit his head on it and was taken to Holy Cross Hospital in Taos to be checked out after going to jail, according to Gutierrez. Moya has a history in the criminal justice system, court records show....

...According to the complaint, officers Tony DeTavis, Anthony Luna, Dominic Romero, David Saiz and David Edmiston "physically attacked and Tased" Moya at the jail while he "was still in leg shackles." The suit also maintains that State Police "had a custom, policy, or practice of using a Taser device on uncooperative leg-shackled persons."

While attorney Alan Maestas, one of the lawyers who filed the suit, says the video of the struggle in the vestibule appears to show Moya in shackles, that can't be seen on the copy obtained by the Journal. Moya's legs are clearly free and his handcuffs are removed before the struggle on the floor.

The State Police use of force policy says officers should avoid using the Taser "on a handcuffed or secured prisoner, absent overtly assaultive, overtly resistive or fleeing behavior ... that can be reasonably dealt with less intrusively."

From what I saw he was "absent overtly assaultive, overtly resistive." Again, don't want to handled like a resisiting prisoner, don't resist.

The District Court complaint includes photos purporting to show injuries to Moya from being "drive stunned," referring to when the air cartridge is removed from a Taser and it is applied directly. Later, Moya suffered a concussion when officers threw him onto a jail cell's concrete cot, the complaint alleges.

I think the use of a Taser is "Intermediat Force" and from this video this is more than justified. If you don't want to be Tased, don't resist.

Good work officers. Hope this is thrown out like it should be.