Schaffnit complied with the officer, saying he was going to get his boss, according to the lawsuit. He wasn’t aggressive or threatening towards Nissen and didn’t place himself in between Tusing and Nissen or another officer, actions which could justify use of a taser, according to the suit.
According to court records, Nissen shot Schaffnit in the back with his Taser X26 as Schaffnit “jogged” towards the bakery to get his boss. Schaffnit then fell face down slamming his head onto the cement which knocked him unconscious for a few minutes as blood pooled around his face and head. As he started to regain consciousness, he attempted to roll onto his side, which made it difficult to cuff his other hand, and Nissen tasered him again.
Schaffnit was then arrested on two charges of interference with officials acts, according to the lawsuit. Schaffnit was acquitted on the charges July 7, 2010. First Judicial District Magistrate Dawn Newcomb said the evidence at trial showed Schnaffnit complied with Nissen’s orders to leave and the other officer at the scene, Nathan Watson, testified Schaffnit didn’t interfere with the investigation and did comply by leaving.
So what does it take for a department to say, “That was excessive and you’re fired?” The other officer saw the individual comply with the Nissen’s order to leave. Instead of stopping that officer right there he arrested him and then aided the officer in his BS story only to testify against him later. Think about that, the officer shot someone in the back without warning or cause for complying with what he told him to do.
State Sponsored Criminal Count 293: Officer Mark Nissen
Because when you tell someone to leave and they comply, you tase them in the back. Then as they regain consciousness you tase them again. Because you know that’s totally good in the force continuum.