The civil lawsuit of LeBeau Lagmay’s Taser complaint against three Kaua‘i police officers, the Kaua‘i Police Department and the county has been moved to federal court. The case, Lagmay v. Caspillo, that was filed in 5th Circuit Court in November
The civil lawsuit of LeBeau Lagmay’s Taser complaint against three Kaua‘i police officers, the Kaua‘i Police Department and the county has been moved to federal court.
The case, Lagmay v. Caspillo, that was filed in 5th Circuit Court in November has since been moved to U.S. Federal Court on O‘ahu in the courtroom of Judge Alan C. Kay. According to the federal court docket, a pretrial conference is scheduled for January 2013 and jury selection is scheduled to begin on Feb. 12.
Lagmay, 26, of Kapa‘a, is suing Kaua‘i police officers Eric Caspillo, Paddy Ramson, and Marnie Fernandez for actions following a Lihu‘e traffic stop on Nov. 20, 2009.
The complaint states that police shocked Lagmay with a Taser, or stun gun, three times after he exited his vehicle in the Wilcox Hospital Emergency Room parking lot with his hands in the air.
The officers said that Lagmay was resisting arrest. He was taken into the Wilcox Emergency Room and treated for his injuries before his arrest.
There was one other passenger in Lagmay’s vehicle, and the incident was reportedly monitored by a hospital surveillance camera, according to the civil complaint.
Lagmay on June 1, 2010, was sentenced to a year in jail after pleading guilty to three counts of misdemeanor terroristic threatening, resisting an order to stop his vehicle and driving under the influence.
The civil lawsuit Lagmay filed after his conviction accuses the officers of assault and battery, physical and emotional harm, humiliation and cruelty with a Taser gun. The county and the police department were named as co-defendants and accused of negligence.
The lawsuit also alleges that one of the arresting officers was in a relationship with someone who used to be involved with Lagmay.
Kaua‘i attorneys Daniel Hempey and Gregory Meyers, and Honolulu lawyer Myles Breiner, are representing Lagmay.
The three officers named in the civil lawsuit are represented by the county attorney’s office.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@ thegardenisland.com.
