Federal Judge Tosses Stun Gun Lawsuit

By Daniel Hawn

Published on March 31, 2008

U.S. District Judge Henry E. Hudson ruled earlier this month that the civil rights suit filed by James E. Keller against former Colonial Beach Sgt. Ryan Hood may not proceed.

In his lawsuit, Keller claims that Hood violated his Fourth Amendment right against unreasonable seizure by using a Taser to subdue him in 2005. Keller also accused Hood of assault and battery.

The incident in question occurred after Keller, who has a brain condition, waded in the Potomac River for two hours, acting erratically and evading police. Keller was subdued with a stun gun on Irving Avenue, which caused him to hit the ground and suffer serious head injuries.

In a written opinion, Hudson said that Keller's actions made it reasonable for the officers to assume he posed an immediate threat, and therefore Hood was justified in using his Taser.

After Hudson issued his decision, Hood said he was relieved to be vindicated of the accusations against him.

Keller originally filed his lawsuit against Hood, another officer, and the town of Colonial Beach; however, he dropped the officer and the town from the lawsuit in October.

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