Taser use sparks lawsuit against Lewes

A Milton man has filed a lawsuit in federal court claiming he is suffering permanent health damage since a Lewes Police Department officer used a Taser on him in 2008.

Chad Tylecki’s attorneys filed the action Jan. 7, in U.S. District Court, District of Delaware, in Wilmington.

Tylecki is seeking $500,000 in damages and further relief as appears reasonable and just, according to court documents.

The lawsuit stems from a Jan. 13, 2008 incident that the suit states started in the marsh off Savannah Road near Fisherman’s Wharf. The lawsuit alleges Tylecki, while waiting for his mother to pick him up, was confronted by Lewes Police Department Cpl. James Azato and Delaware State Police Cpl. Matthew Blakeman.

The officers ordered Tylecki out of the marsh, and he complied without resistance, court documents state.

The suit contends the officers violently threw Tylecki to the ground and pushed his head and face into the asphalt.

“This was done without giving plaintiff [Tylecki] any request that he get down to the ground, and plaintiff in no way resisted being taken into custody,” court documents state.

Tylecki was handcuffed behind his back and his legs were shackled.

The lawsuit states as a result of facial lacerations, injuries to his teeth and a nasal fracture, Tylecki was taken in a police cruiser to Beebe Medical Center.

At some point while he was in an examining room, Azato told Tylecki he wanted a blood draw, and Tylecki said he would not consent to one.

“At this point, upon hearing of the plaintiff’s refusal to allow defendant Azato to take his blood, plaintiff, while still handcuffed and legs shackled, was subject to multiple Taser shocks from Azato, who was using a conducted energy weapon manufactured, designed and sold by defendant Taser International Inc.” court documents state.

According to the documents, at no time did Tylecki present a risk of harm to Azato, and he was not attempting to escape.

“The use of the Taser stun gun device by Azato was not done for any legitimate law enforcement purpose but was done purely to inflict wanton, unnecessary and excessive force, pain and injury,” the lawsuit states.

Tylecki had a grand mal seizure within hours of being placed in a cell at Sussex Correctional Institution. During transport from jail back to Beebe, he suffered two more grand mal seizures.

At the hospital, he continued to suffer seizures “and has been diagnosed with renal failure, rhamdomyolysis (rapid breakdown of skeletal muscle tissue), epileptic seizure disorder and other injuries,” according to court documents.

Documents state that Tylecki continues to suffer from seizure disorder and requires medication to treat it.

“As a direct and proximate result of the actions of all defendants, “Chad Tylecki suffered and continues to suffer physical and psychological harm, pain and suffering, some of which may be permanent,” the suite states.

The lawsuit alleges city officials encouraged, tolerated, ratified and have been deliberately indifferent to the use of unreasonable and excessive force; the proper exercise of police powers; and monitoring of officers whom they knew or should have known were suffering from emotional or psychological problems. Additionally, the lawsuit contends the officers had been subjects of prior civilian or internal complaints of misconduct.

The legal action also alleges the city failed to train officers in the proper use of Tasers and failed to establish proper policies and procedures for using the devices.

The lawsuit alleges Taser International failed to adequately and accurately test the amount of power produced by its weapons when used in “drive stun mode.”

The lawsuit contends the defendants were “acting in concert and conspiracy and their actions deprived plaintiff, Chad Tylecki, of his constitutional and statutory rights.”

Named as defendants in the case are the City of Lewes; Azato; Blakeman; former Lewes Police Department Chief Ronald Gooch; Lewes Mayor Jim Ford; members of Lewes City Council Stephanie Tsantes, Ted Becker, Barbara Vaughan and Victor Letonoff; and Taser International Inc., manufacturer of the stun gun.

Ford said based on the best interest of the city, he couldn’t comment on the case. He said when an opportunity to comment is available he would do so.

Patrick G. Geckle, a Philadelphia-based attorney, is Tylecki’s lead council, and Barbara H. Stratton a Wilmington-based attorney, is co-counsel.

The court has allowed Geckle, who is admitted to the Pennsylvania bar but not the Delaware bar, to represent Tylecki.