A couple of years ago we reported that Jackie Speier (D-Calif) deserved a Bark call-out for a job well-done for “ripping” into the National Park Service for an agent who used a taser on a man who was running with his small dogs off-leash in an unincorporated area in San Mateo County.
Now a judge has ruled that the park ranger, Sarah Cavallaro, acted unlawfully when she used her taser on Gary Hesterberg. Not only that but Judge Jacqueline Scott Corley also found that since the leash law had never been enforced at the Rancho Corral de Tierra—which had only recently been acquired by the Golden Gate National Recreation Area—that the ranger overstepped her duty that day, the first day of leash enforcement. Rangers had been instructed to take a “soft enforcement, outreach approach with regards to violations of the Rancho’s new rules.” This was an approach that apparently Cavallaro did not follow.
It was reported that
“After four minutes with the stun gun pointed at him, Hesterberg said he had a heart condition and again asked what authority he was being held under, to which Cavallaro answered, “the Constitution.”
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“That is no kind of answer,” Hesterberg responded, before turning to leave. When he did, Cavallaro fired her stun gun, hitting Hesterberg in the back and buttocks, court records show.
When Hesterberg was confronted by the ranger about the leash policy, he, allegedly, was uncooperative and would not provide her with his name. So after being tasered he was actually arrested on suspicion of failing to obey a lawful order, keeping dogs off-leash and providing false information, but San Mateo County prosecutors declined to file charges.
Back in 2012, Representative Speier had noted that, “Many of my constituents are understandably angered by what appears to be an excessive use of force by a park ranger.” She added, “From the information I have to date, it does not appear that the use of a taser was warranted.” Speier also requested information about training in taser usage for park rangers, including the appropriate utilization and risks of tasers.
The court also found that Hesterberg, though uncooperative, never posed an immediate threat to Cavallaro or anyone else and that the ranger did not provide an adequate warning that she would shoot him with the stun gun if he tried to leave.
The judge found in favor of Hesterberg, awarding him $50,000 in damages for both physical and mental suffering.