PERU, Ind. (WISH) - The Indiana Court of Appeals reversed a Cass County court decision on Tuesday.
An Indiana Court of Appeals judge says the Peru Police Department does not have to rehire an officer who used a stun gun on a Miller's Merry Manor Nursing Home patient in June. The victim has an advanced stage of Alzheimer’s Disease, 24-Hour News 8 news partner The Pharos Tribune reports.
Officer Gregory Martin was fired last year after an investigation.
The stun gun was used after police and nursing home employees could not get the man to obey commands to enter an ambulance in order to go to the hospital. The stun gun was deployed for five times for 31 seconds.
It was determined the patient was not going to do harm and the stun used was too long.
Martin appealed the ruling last September saying Peru should pay wages and benefits since he was fired. In March, a Cass County judge said there wasn’t evidence that says Martin used more force than necessary.
That March decision was reversed by the Indiana Court of Appeals because Martin went against police training orders. Those orders state officers are to avoid using a stun gun on an “elevated-risk population unless necessary and justifiable.” The appeals court said the victim did not have enough time been deploys to comply to the police orders.
A recent legislative bill was passed in 2013 that requires police officers to go through training on how to deal with Alzheimer’s patients.
The victim’s family was awarded a monetary settlement after winning a lawsuit against the city.
A winter storm warning is in effect for most of Central Indiana.
An Illinois man was killed late Thursday when the car he was driving was struck by a semi tractor on I-70 about three miles west of the Cambridge City exit.
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