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SALT LAKE CITY — A Salt Lake man has filed a lawsuit in federal court against a Utah Highway Patrol trooper he feels violated his constitutional rights after twice deploying a Taser when he refused to take a breathalyzer test.
Ryan Wesley Jo nes, 26, is suing UHP Cpl. Lisa Steed in both her professional and individual capacity for the March 28, 2009, incident.
According to the lawsuit filed Friday in U.S. District Court, Jones and a passenger were pulled over by Steed. She asked Jones for his driver’s license, vehicle registration and proof of insurance coverage and verified that all were valid, the lawsuit states.
"(Steed) told (Jones) that she smelled alcohol in the vehicle, 'wanted to make sure it wasn’t coming from (plaintiff)' and asked plaintiff to blow into the machine," the lawsuit states. "In response, (Jones), still seated in the vehicle with the door closed, said 'I would like to speak to my lawyer before I take any tests.'”
The lawsuit claims Steed pulled out her Taser and threatened to shock Jones if he didn't exit the vehicle.
"In response to … (Steed’s) threat, (Jones) reiterated his request to speak to his lawyer and said, 'Ma’am, please don’t shoot me with your Taser,' according to the lawsuit. "Nevertheless, … Steed leaned into (Jones') vehicle and deployed her Taser against Plaintiff’s left upper arm."
Steed again deployed the Taser and told Jones that she would next use Taser darts if he did not exit the vehicle and would not respond to his question as to why he couldn't call his attorney, the lawsuit states.
Ultimately, Jones exited the vehicle, but refused to take field sobriety tests, prompting Steed to arrest him.
Jones is now seeking monetary and punitive damages, as well as attorney fees, on the argument that Steed "acting under color of state law" personally violated his Fourth Amendment rights to not be subject to unreasonable search or seizure.
Email:emorgan@ksl.com
