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Judge upholds jury award in Taser case

By Trevor Maxwell Portland Press Herald Staff Writer December 20, 2007 04:31 PM

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A federal judge magistrate has upheld a jury decision in an excessive force case against a South Portland Police officer.

In October, a jury ruled in favor of South Portland resident Stephen Parker, who claimed he was permanently injured when officer Kevin Gerrish shot him with a Taser stun gun in 2005. The jury awarded $111,000 in damages to Parker.

Gerrish’s lawyer, Ed Benjamin of Thompson & Bowie in Portland, asked Cohen to overturn the jury decision. Benjamin argued that Gerrish was not legally responsible for Parker’s injuries, so he could not be found liable for damages.

Cohen disagreed. In a ruling issued on Thursday, the judge denied Benjamin’s request to drop the damages or allow for a new trial.

Benjamin said last month that if Cohen denied his motion, he would appeal the case to the First Circuit Court of Appeals in Boston. Benjamin could not be reached for comment Thursday afternoon.