- Associated Press - Tuesday, October 11, 2016

POST FALLS, Idaho (AP) - The family of a Post Falls man who was left permanently disabled after being hit with a stun gun by police in 2012 will receive more than $1 million as part of a settlement.

Kootenai County and Post Falls and Correctional Healthcare Management, which provided medical services to jail inmates in 2012, will both pay the settlement to 66-year-old Marvin Ball, reported the Coeur d’Alene Press (https://bit.ly/2dIAP69).

Ball was involved in an altercation with Post Falls police in 2012 that resulted in him being hit with a stun gun.

He later had a stroke while being held at the Kootenai County jail, and his attorneys argue a lack of medical response caused permanent damage that left him in a wheelchair.

Charges against Ball were dismissed. His son is his primary caregiver.

Ball’s attorney Charles Lempesis said he is satisfied that the case has been settled.

“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.”

Post Falls Officer Jason DeWitt qualified for immunity for his role in the incident.

“There is not any evidence that Officer DeWitt acted with the intent to cause harm to Ball,” U.S. District Judge Edward 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 what happened to Ball is 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.”


Information from: Coeur d’Alene Press, https://www.cdapress.com

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