Appeal For Haverford Police Taser Abuse Case Denied

James E. Healy, a former Havertown resident who filed a lawsuit against the for abuse after he was hit by a Taser during an arrest and , had his appeal denied by the U.S. Court of Appeals last week.

“Haverford Township and its Police Officers have been exonerated of excessive force (for the second time) by the United States Court of Appeals for the Third Circuit,” stated Lt. Michael Glenn in an email to the press, which included the court’s decision. That decision is included in this article as a PDF. 

Background Of The Case

On the evening of July 6, 2007, Healy was pulled over at the on 8 Campbell Ave., Havertown. Police officer William Shields’ dashboard camera recorded the arrest. When Healy parked his 1992 Chevrolet pickup truck, he stepped out and walked over to Shields.

Off camera, Shields can be heard shouting to Healy "Get back in the vehicle" a number of times. According to the arrest report, Shields wrote that Healy put both of his hands on Shields and pushed him back.

Once back on camera, which can be seen in the 6 minute, 38 second video of the arrest that was posted on YouTube and on this news website, Shields is seen trying to put Healy on the hood of his cruiser when he tasered Healy a number of times. (Editor's note: Some people may find the following video of James Healy's arrest violent.) 

Healy was charged with driving with a suspended DUI, attempting to flee or elude a police officer, three counts DUI, duty of driver approaching of emergency vehicle, aggravated assault, driving while operating privilege is suspended or revoked, DUI related with BAC .02 percent of above, and resisting arrest, according to Shields' report.

Healy stated that he never touched Shields and filed a lawsuit of police brutality against the Haverford Township Police Department and Shields, who retired after the incident. , a federal jury found that Shields and the department were not guilty.

Had the jury reached a verdict in his favor, Healy told the Haverford-Havertown Patch at the time that he would have sought $1.5 million in punitive damages.

The Appeals Court’s Decision

Healy took his case to the appeals court, which last week sided with the trial court’s decision that Shields and the department were not guilty.

According to the decision, Healy filed the appeal for the following reasons:

• A separate, previous charge of DUI that involved Shields, Healy stated that it should not have been introduced during the three-day trial in 2010. The appeals court stated that this argument was not valid since Healy’s own lawyer asked Shields during cross examination about their past history and charge and Healy himself also mentioned these dealings with Shields when he took the stand.

• Healy stated that the last part of the video of his arrest that showed him in the back of the police car as he was being taken to a hospital should not have been introduced in court because in his own words, it “simply showed (Healy) calmly sitting in the back of the patrol vehicle doing nothing and saying nothing.”  But the appeals court countered that portion of the video is extremely relevant because it showed “Healy’s demeanor, lack of indications of injury, and lack of requests for medical treatment all bear directly on both the extent of the force used against him and his credibility.”

• An audio recording of Healy’s blood test should not have been introduced during the trial, according to Healy because it was prejudicial. The appeals court disagreed.

• Healy also stated that the evidence used by the defense that showed that marijuana was in his blood should not have been allowed because it attacked his character. The appeals court disagreed, siding with Shields’ argument that marijuana would have impaired Healy’s ability to correctly remember the arrest.

Reactions On The Appeal

“For a second time in this case, the Haverford Township Police Department feels vindicated by the decision of the court. The defense of Healy's allegations took years to resolve and a great deal of Haverford Township taxpayer money,” stated Police Chief Carmen D. Pettine in an email to Patch. “I will make the recommendation to our attorneys to pursue filing of a 'Bill of Costs' in an attempt to recover some of the taxpayer money spent defending this case.”

Healy has not yet responded to Patch’s emailed request for an interview. His phone number is not listed. If he does reply to Patch, his statements will be published.