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Tasered man wins case against Merseyside Police Tasered man wins case against Merseyside Police
(about 2 hours later)
A man who suffered a cardiac arrest after being Tasered has won a negligence claim against Merseyside Police in a landmark case.A man who suffered a cardiac arrest after being Tasered has won a negligence claim against Merseyside Police in a landmark case.
James McCarthy, 25, was struck twice in the chest outside a hotel at the Albert Dock, Liverpool, in September 2012.James McCarthy, 25, was struck twice in the chest outside a hotel at the Albert Dock, Liverpool, in September 2012.
His solicitor, Sophie Khan, said it was the first case in the country where police have been held liable for negligence after the use of a Taser. His solicitor said it is the first case in the country where police have been held liable for negligence relating to care after the use of a Taser.
Merseyside Police said it would consider appealing.Merseyside Police said it would consider appealing.
Two years ago, the Independent Police Complaints Commission (IPCC) said officers used "reasonable force" but Mr McCarthy did not accept the findings.Two years ago, the Independent Police Complaints Commission (IPCC) said officers used "reasonable force" but Mr McCarthy did not accept the findings.
'Violent situation''Violent situation'
The County Court in Manchester ruled against the force, saying the second Taser discharge, which lasted for 11 seconds, was "excessive and disproportionate".The County Court in Manchester ruled against the force, saying the second Taser discharge, which lasted for 11 seconds, was "excessive and disproportionate".
Police were also found to be liable of negligence because of delays in getting Mr McCarthy treated. The judgement found the force to be negligent because of delays in getting Mr McCarthy treated.
Ms Khan said her client will now look to claim damages. Solicitor, Sophie Khan said her client will now look to claim damages.
In a statement, Merseyside Police said the force "notes the decision of the court" and is "considering its options with regards to an appeal".In a statement, Merseyside Police said the force "notes the decision of the court" and is "considering its options with regards to an appeal".
Officers were called to the Premier Inn hotel in 2012, where a group of men were fighting.Officers were called to the Premier Inn hotel in 2012, where a group of men were fighting.
The IPCC's inquiry had found it was a "violent situation" and use of the stun gun was "proportionate" due to the potential threat of violence.The IPCC's inquiry had found it was a "violent situation" and use of the stun gun was "proportionate" due to the potential threat of violence.