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Lawsuit: Man tased, denied care before death in Missouri jail

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EXCELSIOR SPRINGS, Mo. — A Missouri family filed a wrongful death lawsuit Tuesday against 19 defendants, including members of the Excelsior Springs Police Department, over the 2022 death of 21-year-old Benjamin Chase.

Matthew Merryman, the attorney representing the Chase family, said Benjamin died in police custody.

“My client, Diana Chase, her son was tased without cause on Mother’s Day, and he was then denied the medical treatment that he had requested,” Merryman said. “And that was required by department policies and procedures, which led to him dying in custody.”

The lawsuit states that Benjamin Chase died on May 8, 2022, after the unnecessary and excessive use of a taser by a police officer without justification. It claims that after Chase was tased, negligence occurred while he was in custody, which resulted in his death.

The suit states that the officer pointed his Taser at the center of Chase’s chest.

Taser safety recommendations for reducing cardiac risks are to target the back of the body and avoid targeting the head, neck, chest or groin whenever possible.

“This lawsuit is about trying to create systemic change in a system that continues to target young Black males in our society,” Merryman said.

“We’re hopeful that, if successful, we can finally get some of these agencies to wake up and start treating our citizens with the dignity and respect that we all deserve.”

The suit claims that the 21-year-old was legally walking in the parking lot of the Elms Hotel when an Excelsior Springs officer was dispatched to the hotel, alleging Chase was reportedly walking and talking to people in the employee parking lot.

It says the officer allegedly tased Chase without cause, and then he was denied essential medical care.

The city of Excelsior Springs is aware of the lawsuit but said it will not comment on pending litigation.

The family is seeking more than $150 million.

“There is not an amount of money that will ever, ever bring back Benjamin so that he can walk through that door on the day that this tragedy occurred and look at his mother and say, ‘Mom, Happy Mother’s Day. I love you,’” Merryman explained. 

The Bates and Merryman law firm and Chase’s family have set up a GoFundMe page to help the family with funeral costs and other connected expenses. 

“Ms. Chase is not a woman of much means. In fact, we had to help negotiate the release of Benjamin’s cremated remains from the funeral home because she didn’t have money to pay for it,” Merryman said.

“Now the Chase family, along with our law firm, has made a GoFundMe account that we would encourage people to check out and consider assisting the family to allow them to pay for the funeral expenses that they didn’t have money for and allow them to have a memorial that they deserve.”

Midwest

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