Calvin J. Mire Sr. and his spouse, Jennifer Mire are suing Cates, a member of the Kaplan Police Department, as well as the Town of Kaplan for negligence for allegedly being tased by Kaplan police officers under Cates while Mire was attempting to subdue a suspect.
Mire alleges that he had the scene of disturbance under control when Kaplan police officers arrived on the scene, at which point they allegedly pulled out their tasers without warning him or the suspect. The defendant Cates petitioned that the officer(s) never advised him that they had drawn their tasers and were prepared to use them.
Mire’s petition states that he was unaware that the officers had drawn their tasers, so he moved toward the suspect, who was moving away from him, for the purpose of subduing him. As he lunged toward the suspect, one of the Cates’ officers fired his taser and its projectile struck Mire, “causing him to become completely incapacitated, falling to the ground and sustaining terrible permanently disabling injuries.”
Mire’s attorney, Anthony J. Fontana, outlined several areas of alleged negligence from the Kaplan Police Department, including drawing tasers in a situation that did not require their use, failing to warn everyone including Mire of their intent to fire the weapons, failing to see that Mire had the situation under control, failing to see that Mire was the officer on the scene and in control of the scene and that the use of tasers posed a danger to Mire and to others present, firing a taser when they knew or should have known that it posed a serious threat of injury and failing to do and seeing what they should have seen under the circumstances.
As a result of the occurrences, Mire is suing for pain, suffering and mental anguish; permanent disabling and painful injuries; interference with daily activities; interference with the enjoyment of life; loss of earning capacity; lost wages and medical expenses.
In addition, Mire’s spouse Jennifer Mire is also suing for loss of consortium and is asking for just compensation. The petitioners are asking for a trial by jury on all issues involved.