Don't Tase Me Bro: A Lawsuit in the Making?
Since Pennsylvania Governor Ed Rendell has come out and criticized the "tasing" of Philadelphia Phillies fan, it is only a matter of time before suit is filed for excessive force. The fan, Steven Consalvi, will face charges of defiant trespassing, disorderly conduct, and resisting arrest. Consalvi and his family has released an apology and acknowledged the teen had committed a "foolish act".
But was the force used by the police officer excessive? Philadelphia, "The City of Brotherly Love", has gained a reputation for being far from its nickname. Incidents from the booing of Santa, to the killing of one Philadelphia fan by another Philadelphia fan, to the most recent grotesque incident of a drunken fan vomiting on an off duty police officer and his children have all been part of a history that has left a black eye on the Philadelphia fan base as a whole. This isn't St. Louis, where fans thank you for visiting their city and ballpark and even cheer on for players on the away team. This is Philadelphia! The same place that has a jail and court in the bottom of their football stadium and welcomed J.D. Drew back by throwing "D" batteries at him. Was the officer really using excessive force?
Excessive force varies from situation to situation. Police officers have to make judgment on the fly everyday. Different situations require different degrees of force, but police officers are required to make their best effort to protect the innocent. In this case, you never know what is going to happen once the fan makes it onto the field and subduing the subject is the top priority. There have been incidents in the past where fans have entered the field of play and attacked participants. In 1995, Cubs pitcher, Randy Myers, was attacked by a fan after giving up a home run. In 1999, Astros outfielder, Billy Spiers, was attacked by a drunken fan in right field. And in 2002, Royals first base coach, Tom Gamboa, was violently assaulted by a father and son. Do we need to have another incident like this to justify the use of a taser?
According to Philadelphia Police Commissioner Charles Ramsey, the officer acted within department guidelines, which allows an officer to use a taser on fleeing suspects. But, The Phillies have decided the use of a taser was over the top. From now on, Philadelphia Phillies team security will be responsible for apprehending all "field jumpers" and turn them over to Philadelphia Police. Unless of course "more force is necessary". In that case, Philadelphia Police will be asked to handle the situation. As a fan, do you feel more secure with a Philadelphia Phillies team security guard ensuring both your safety and the players safety, or would you prefer an actual police officer to make the call and protect both the players and the fans.
All of this controversy and attention and discrepancy over excessive force has just stirred the pot for the fan that admitted to partaking in a " foolish act". Why give hope to someone who knowledgeably broke the law. In fact, he called his father before the incident and asked him if he thought it was a good idea! It is just another individual who will look for a loop hole within our legal system to benefit from his own stupidity.
When a direct order from a police officer is disobeyed, all bets are off. Don't make an officer have of think of repercussions that might stem from using the force that he has been trained to use.
By the way, that was a pretty good shot........
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.
well said. Philadelphia is the armpit of the northeast