Brian Cardall was a 32-year-old Northern Arizona University doctoral student and father of two who died in Utah on June 9, 2009, after a Hurricane police officer deployed a Taser on him twice during a bipolar episode on the side of State Road 59. His death led to a federal wrongful death lawsuit that the City of Hurricane settled for $2 million in December 2012, and it prompted a 2011 Utah legislative resolution promoting Crisis Intervention Team training for police officers who encounter people in mental health crises.1Deseret News. Wrongful Death Lawsuit in Taser Incident Settled by Family, Hurricane
Cardall, born December 7, 1976, in Salt Lake City, was pursuing a doctorate in molecular ecology at Northern Arizona University in Flagstaff, where he held a Science Foundation Arizona Fellowship.2Northern Arizona University. Brian Cardall, Doctoral Student He had been diagnosed with bipolar disorder. His father, Duane Cardall, was the editorial director at KSL-TV and Radio in Salt Lake City and later became a leading voice for police mental health training in Utah.3Deseret News. Utah Lawmaker, Duane Cardall Advocate Law Enforcement Training in Mental Illness
What Happened on State Road 59
Cardall was driving home from a wedding with his wife, Anna, and their two-year-old daughter, Ava, when he began experiencing a manic episode. Anna, who was six months pregnant with the couple’s second daughter, pulled over so Brian could take his medication. Before it took effect, he refused to get back in the car, removed his clothing, and began running into the roadway near Hurricane, Utah.1Deseret News. Wrongful Death Lawsuit in Taser Incident Settled by Family, Hurricane Anna locked the toddler in the car and called 911, telling the dispatcher her husband had “full blown lost it.” The dispatcher was informed that officers were responding to a psychiatric situation.4Salt Lake Tribune. Cardall Taser Death Controversy
Hurricane Police Officer Kenneth Thompson and Police Chief Lynn Excell arrived to find Cardall standing naked in the road. Court documents show Thompson ordered him to get on the ground 13 times. Cardall, confused, reportedly shouted that they were in a “standoff” and begged officers not to shoot.5Courthouse News Service. Bipolar Man’s Death by Taser Needs Jury Trial
What happened next was sharply disputed. Thompson and Excell told investigators Cardall “charged” at Thompson and the officer fired in self-defense. Anna Cardall testified that her husband merely turned toward the officer as though he were about to say something. A passing motorist who witnessed the encounter said Cardall took “one small step” in the officer’s direction. Thompson deployed the Taser, then fired it a second time about two seconds later. Excell handcuffed Cardall. When a third officer arrived, he found Cardall with no pulse and not breathing. Paramedics took him to a hospital, where he was pronounced dead.5Courthouse News Service. Bipolar Man’s Death by Taser Needs Jury Trial
Cause of Death
The Utah State Medical Examiner’s Office concluded that Cardall died of “ventricular fibrillation following conducted energy weapon deployment during a manic episode with psychotic features.” Deputy Chief Medical Examiner Erik Christensen found the Taser “contributed to or caused heart irregularities” leading to death. Several factors raised the risk: the barbs penetrated deeply into Cardall’s bare chest directly over the cardiac axis, no clothing buffered the shock, and Thompson had fired two cycles of electrical stimulation.6Salt Lake Tribune. Cardall Autopsy Findings
Christensen wrote that the initial cardiac rhythm was “consistent with findings seen in cases of electrocution.” He rejected “excited delirium” as the cause of death, noting Cardall did not display the hyperthermia or extreme physical strength typically associated with that syndrome.6Salt Lake Tribune. Cardall Autopsy Findings The autopsy found low levels of THC in Cardall’s system but identified his manic episode as “most likely a manifestation of his underlying bipolar disorder.”7Deseret News. Hurricane Officer Cleared in Cardall Taser Incident
Why the Officer Was Not Charged
The Washington County Critical Incident Task Force investigated and forwarded its report to Washington County Attorney Brock Belnap.8Deseret News. Attorney Given Report on Taser Death A panel of senior prosecutors from the Utah Attorney General’s Office also reviewed the findings.7Deseret News. Hurricane Officer Cleared in Cardall Taser Incident
On November 19, 2009, Belnap announced that Officer Thompson would face no criminal charges. In a formal letter, Belnap wrote that Thompson “responded to a tense, uncertain and rapidly unfolding situation in a manner consistent with his training” and had not intended or foreseen that his actions would cause Cardall’s death. Thompson, who had been on leave, returned to duty as a Hurricane school resource officer.7Deseret News. Hurricane Officer Cleared in Cardall Taser Incident
The Federal Lawsuit and $2 Million Settlement
In April 2010, the Cardall family filed a federal wrongful death lawsuit in the U.S. District Court for the District of Utah, case number 2:10-cv-305 CW, before Judge Clark Waddoups.9vLex. Cardall v. Thompson The plaintiffs were Anna Cardall, daughters Ava and Bella, and Brian’s parents, Duane and Margaret Cardall. They sued Hurricane City, Officer Thompson, and Chief Excell, alleging wrongful death, excessive force, deprivation of constitutional rights, and intentional infliction of emotional distress. Anna Cardall argued that Thompson “should not have used his Taser on her unarmed and naked husband.”1Deseret News. Wrongful Death Lawsuit in Taser Incident Settled by Family, Hurricane
On January 11, 2012, Judge Waddoups denied qualified immunity to the officers on the excessive-force claim, holding that the conflicting eyewitness accounts of whether Cardall posed a threat required a jury. Waddoups wrote that “if all factual disputes are resolved in favor of Anna, Brian was not a threat to the officers who impatiently Tased him.” The judge did grant immunity on claims that the officers illegally detained Anna Cardall and failed to provide timely medical treatment.5Courthouse News Service. Bipolar Man’s Death by Taser Needs Jury Trial
Rather than go to trial, the parties settled in December 2012. Hurricane paid the Cardall family $2 million. The agreement called the payment a “compromise of doubtful and disputed claims” and was not an admission of liability. A portion of the settlement went into trust for Brian’s two daughters. Judge Waddoups formally dismissed the case on January 4, 2013.10Salt Lake Tribune. Cardall Lawsuit Settlement Details
Legislative and Training Impact in Utah
Cardall’s death became a rallying point for advocates who said Utah police were unprepared to handle mental health crises. At the time of the incident, the Hurricane Police Department had not received Crisis Intervention Team training, a 40-hour program modeled on the Memphis Police Department’s approach that teaches officers de-escalation techniques for psychiatric emergencies.4Salt Lake Tribune. Cardall Taser Death Controversy As of late 2010, only about 12 percent of Utah’s roughly 1,200 law enforcement officers held active CIT certification.11Salt Lake Tribune. CIT Training Advocacy Following Cardall Death
Duane Cardall, Anna Cardall, and NAMI Utah partnered with state Sen. Patricia Jones to push for legislation. Speaking at the NAMI Utah Conference in November 2010, Duane Cardall argued Tasers should be treated as potentially lethal weapons and used only as an alternative to deadly force rather than a “tool of convenience.” He also called for greater emphasis on mental health education in the Peace Officer Standards and Training curriculum.12NAMI Utah. Duane Cardall NAMI Conference Presentation
The effort produced Senate Concurrent Resolution 1 in the 2011 Utah legislative session, sponsored by Sen. Jones with Rep. Paul Ray as House floor sponsor. The resolution designated the CIT program as the “model of best practice for law enforcement intervention with persons who have a mental illness” and encouraged agencies statewide to maintain trained CIT officers in every jurisdiction.13Utah Legislature. S.C.R. 1 – Crisis Intervention Team Program Concurrent Resolution It passed the Senate 22-0 and the House 69-0, and Governor Gary Herbert signed it on March 7, 2011. Anna Cardall attended the signing at the state Capitol.14Utah Legislature. S.C.R. 1 Bill Status
The resolution was an encouragement rather than a mandate. A Salt Lake City detective involved in CIT training said the Cardall case motivated several departments to begin sending officers to the CIT Academy, and the Hurricane Police Department was among them.11Salt Lake Tribune. CIT Training Advocacy Following Cardall Death The Hurricane Police Department’s website now lists “Crisis Intervention” among the topics in its monthly in-house training.15City of Hurricane. Police Department
The Family After
Anna Cardall gave birth to the couple’s second daughter, Bella Aspen Cardall, on September 16, 2009, three months after Brian’s death. She moved from Flagstaff back to the Salt Lake City area to be closer to family.16Salt Lake Tribune. Bella Cardall Birth Announcement The family continued advocacy work with NAMI Utah after the settlement.17Salt Lake Tribune. Cardall Settlement and Advocacy