PORTLAND, Ore. -- A jury has awarded $30,500 in economic damages to a man who was tased by a Portland police officer inside a Denny's restaurant.
The city of Portland was found liable for battery, but not liable for false arrest or malicious prosecution in the case. Jurors determined that Officer Kevin Tully had a right to arrest Jason Elgin after he fell asleep at a Southeast Portland Denny's. However, they also believed Tully went to far when he tased Elgin 2 times on the floor during the arrest.
"I'm happy with how it turned out," said Elgin. "I really wanted to speak on behalf of the public that the force was not needed."
"I'm gratified the jury found no force was required, because a hell of a lot of force was used," said Greg Kafoury, the plaintiff's attorney.
Elgin's civil claim against the city for false arrest, battery and malicious prosecution originally asked for $300,000 for pain and suffering and legal fees.
While officer Tully declined to comment, his attorney did. "Mr Tully's actions were a reaction to what Mr. Elgin was doing and they were proportional, including the use of the taser," said Bill Manlove, Tully's Attorney.
Security video from two different camera angles showed 32-year-old Jason Elgin and a fellow student from Portland Community College at the restaurant in 2009, where they appeared to be asleep.
The two went to the Denny's in Southeast Portland at about 2 a.m. Elgin claimed they were exhausted after celebrating the end of midterms.
The manager at Denny's called police to see if they could help wake them up.
Officer Kevin Tully can be seen approaching the students. The video does not show Elgin being tased. There is a gap during the actual tasing and take-down. "The tape really upsets me, because honestly you can't really see what's going on," said Elgin. "It was the independent witnesses that made the difference in this case."
From another angle, Elgin can be seen on the floor. His classmate testified she woke up to hear Elgin screaming.
The city's attorney said the video shows that Elgin provoked the arrest by resisting.
Several witnesses who were inside have testified that virtually everything officer Tully said was faulty.
Elgin was tased by officer Tully two times and was charged with trespass, disorderly conduct, resisting arrest, harassment and interfering with a police officer.
All the charges were dropped.
