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This case falls under the jurisdiction of Indiana Code, Article 23, Death from the wrongful act or omission. According to the law, the representative of the deceased person is entitled to request compensation for the damages, which have been afflicted upon him or her. As the defendant I should first answer the following questions:
1) First, it is necessary to identify the members of the Valparaiso Safety Board. This body consists of four members: Mayor Jon Costas, the chairman, and his assistants, Chuck Williams, Sharon Emerson-Swihart, John Hardwick. This organization is responsible for the safety of people, living in this town.
2) During the course of pretrial litigation, the attorneys for the plaintiff and defendant have interviewed the sales representative of Taser International, the company which provides this electrical weapon to law enforcement departments.
Being in the position of the accused, I also need to describe the procedures of hiring a police officer in the Porter County Police Department. First, each applicant has to pass oral interviews, psychological examination, agility and written test. The application committee must test the level of his or her integrity, and most importantly, fitness for this position. Apart from that, every candidate is required to take a polygraph test in order to ensure that he is fully suitable for the job. These procedures are aimed at selecting those people, who possess the skills and personal qualities, obligatory for the police force.
As regards the use of tasers, I would like to point out that each police officer in the Depart Department has to take compulsory training courses at least once a year. They last approximately eight hours. During these courses, the instructors explain the cases, when they have a right to use this weapon. Furthermore, the Department often conducts risk management seminars, which focus on risk management. Finally, in the course of training, policemen simulate arrests or situations requiring the use of tasers, normally, each person has to take an electric shot.
Besides, I would like to mention the liability insurance, a person, who has been suffered an injury, must receive indemnity. In case, this injury has to lead to death, his or her representative (the closest relatives) may demand compensation from the Insurance. In the case of a fatal outcome, the compensation, which must be paid, equals $ 1000000, unless, the decease has not been the result of suicide.
Taser-related death has already attracted the keen attention of the public, it is quite possible to mention similar cases. On the whole, the company Taser International has faced more than six hundred lawsuits. There are a great number of examples; however, the most eloquent one is the arrest of Chuck Cheese. It has been classified as death due to the wrongful act, as police officers evidently exceeded their authority. The spokesmen of Taser International that even this electric weapon cannot be absolutely safe, and much depends upon the person or persons, who use it.
We need to determine whether the behavior of Samuel Blackstone has been within legal limits. Secondly, the court has to ascertain whether the Safety Board and Porter County Police Department have provided the guidelines for the usage of these devices. As the defendant Taser International has to give evidence, showing that the weapons, which they give to the police, are safe.
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