Lawsuit filed on behalf of Tased dogwalker
A civil rights lawsuit was filed in federal court yesterday on behalf of Gary Hesterberg, the California man who was Tased by a National Park Service ranger after being detained for having one of his two small dogs off-leash.
“There is something seriously wrong when walking your dog off leash in a National Park can get you Tased,” said Michael J. Haddad, Hesterberg’s attorney.
”The law is clear that an officer may only Tase someone who poses a substantial and immediate threat. All Gary Hesterberg did was walk away after receiving his leash warning.”
Hesterburg, an electrician from Montara, California, had previously filed an administrative claim seeking $500,000 in compensation from the United States and the ranger for his injuries and the violation of his civil rights.
That claim — a prerequisite to filing a lawsuit against the government — was rejected by the Department of the Interior on January 25, 2013. The complaint filed in court yesterday is a federal civil rights lawsuit.
Park Ranger Sarah Cavallaro stopped Hesterberg in January of 2012 as he was walking his dogs in Golden Gate National Recreation Area and warned him that both of his dogs needed to be on a leash.
When Hesterberg attempted to walk away with his dogs she shot him in the back with her Taser, caused him to be arrested, and had him taken to jail, the lawsuit says.
Hesterberg, the lawsuit says, told Cavallaro he had a heart condition before she Tased him.
The lawsuit says the type of Taser used can deliver 50,000 volts of electricity. After the ranger pulled the Taser barbs from his back, Hesterberg remained in handcuffs for three hours, and remained in jail until after midnight, the lawsuit says.
The district attorney declined to pursue any charges against him.
The United States Department of the Interior found that Ranger Cavallaro’s conduct was consistent with park service policies: “From our review of the circumstances surrounding the tasing for Mr. Hesterberg, it appears that the officer’s actions were reasonable.”
(Photo: Hesterberg and his dogs, a beagle and rat terrier, San Francisco Chronicle)
Posted by jwoestendiek March 22nd, 2013 under Muttsblog.
Tags: animals, california, civil rights, dog, dog walking, dogs, federal court, gary hesterberg, golden gate national recreation area, lawsuit, leash, national park service, pets, ranger, rules, tased, taser, tasing, unleashed, walking