Legal decisions regarding Taser usage

[Bikewer]

With all the threads involving Tasers of late, readers might be interested in a bit of case law that just came down.

Without going into a lot of extraneous detail:

An individual on a two-day crack and marijuana binge decided to rob a convenience store to fuel his ongoing party. He was interrupted by responding police. The fellow ran, pursued by a lone officer, who deployed his Taser to stop the man.
The drug-fueled felon continued to resist, getting up after each of three Taser "stuns" to attempt further flight/resistance.
Then the officer's backup arrived. The backup officer stood by and watched as the Taser was deployed two additional times before finally attempting to subdue the individual.

The felon sued for "excessive force" and won.

The court found that the single officer's use of the Taser was justified, as he could not reasonably subdue the still-resisting individual by himself. ( the Taser pulse only lasts 5 seconds) However, on arrival of the second officer, the courts ruled that the two should have been able to handcuff/subdue the individual without extra Taser applications.

The officers are not themselves liable in this case, but the department is.

Note also that the Taser "logs" all applications in it's internal database, which must be downloaded by special equipment.
Taser is now issuing a model that has an automatic video camera integral which records all discharges.

On a lighter note, NPR says that first among it's "quotes of the year" is:

"Don't tase me, bro!"

 

[Darth Rotor]

The court found that the single officer's use of the Taser was justified, as he could not reasonably subdue the still-resisting individual by himself. ( the Taser pulse only lasts 5 seconds) However, on arrival of the second officer, the courts ruled that the two should have been able to handcuff/subdue the individual without extra Taser applications.

Funny, the court didn't have to try and subdue a drugged up suspect, but they found the tasing excessive.

OK, fine.

*Tim Allen Voice*

Needs more power!

Hoo Hoo Hooo.

DR

 

[sthomson]

Without going into a lot of extraneous detail:

... two-day crack and marijuana binge ... fuel his ongoing party ...The drug-fueled felon ... The felon ... "excessive force"

Bravo. My favorite part was when you used scare quotes to indicate how silly you thought his claim was. However, I had to knock a few points off for the excessive use of "fueled" and "felon"; I suggest you invest in a thesaurus. Furthermore, the use of "drug-fueled" seemed a bit excessive in this case. Crack and weed don't really cause the same "superhuman" effect that PCP does. In fact, I'd probably attribute his ability to shake off a few taserings to adrenaline.

 

[Bikewer]

"Scare quotes"? I only put the charge made by the plaintiff in quotes as the rest of the story was extensively paraphrased. I could have simply cut and pasted the entire legal decision but the e-mail was restricted to law enforcement...

As to the use of the word "felon", I believe that an armed robber is de facto a "felon".
Certainly his actions were influenced by his substance abuse. Human beings are highly variable in regards to their actions, drugged or not.
It is not infrequently noted that individuals under the influence of various intoxicants (including alcohol) will continue to resist after the 5-second Taser cycle ends.

The point the courts took (and one I agree with) is that with the second officer present they should have been able to cuff the fellow without further applications of the Taser.

The larger point is that police policy is informed by court decisions. Often, agencies are not motivated to change their policies until they begin loosing lawsuits.

 

[WildCat]

I believe this is the case you cite?

However, an eyewitness testified that he heard Mr. Beaver say repeatedly, "I can't," while he was struggling on the ground. In addition, defendants' expert testified that being shocked by a taser can render a subject disoriented. Thus, Mr. Beaver's actions may have been as much a reaction to being tased as an intentional effort to resist arrest. Furthermore, the period between the second and third tasing was only two seconds. During such a brief time period, it is difficult to see how Mr. Beaver even had the opportunity to comply with Officer Laird's commands.

There was also testimony that the second officer on the scene (a female btw) gave orders that conflicted with the first officer's orders.

I don't think this case is particularly groundbreaking against the use of tasers in general.

 

[Bikewer]

Diane Rehm had a show on the Taser a couple of weeks ago. She had the CEO of Taser international as well as a representative of Amnesty International, as well as a few other guests.
Apparently, when the Taser was first being promoted to police departments, the injunction was "Taser Early, Taser often". The idea being that the device was relatively safe to use, and harmless to the individual receiving the jolt.
This led to a number of early-adopting departments putting the device rather low on their use-of-force continuum. The Taser could be employed for mere non-compliance or passive resistance.
Unfortunately, the number of Taser "associated" deaths and lawsuits such as the one above have altered this practice already.

Our department has only been issuing the device for about two years, and our training from the get-go was that the Taser was placed high on the continuum, essentially to be used only against out-of-control individuals.

 

[WildCat]

Unfortunately, the number of Taser "associated" deaths and lawsuits such as the one above have altered this practice already.

Ah, science by lawsuit and anecdote. This is how it was "proven" that silicon breast implants caused every disease under the sun in women who had them.

Statistically, aren't tasers safer than manhandling suspects to the ground the old-fashioned way? Seems to me the lawsuits and outcry is the result of scary new technology, and not based on reality.

 

[sthomson]

It is not infrequently noted that individuals under the influence of various intoxicants (including alcohol) will continue to resist after the 5-second Taser cycle ends.

Yes, and perfectly sober individuals will continue to resist after the 5-second Taser cycle ends, as well.

FYI, scare quotes. I assumed you were using them for this purpose:

...to indicate that it is someone else's terminology, or to bring attention to a word or phrase as questionable or at least atypical in some way. It is often intended to provoke a negative association for the word or phrase enclosed in the quotes, or at least a suspicion about the appropriateness or full truth that might be presumed if the quotes were omitted.

 

[fuelair]

Bravo. My favorite part was when you used scare quotes to indicate how silly you thought his claim was. However, I had to knock a few points off for the excessive use of "fueled" and "felon"; I suggest you invest in a thesaurus. Furthermore, the use of "drug-fueled" seemed a bit excessive in this case. Crack and weed don't really cause the same "superhuman" effect that PCP does. In fact, I'd probably attribute his ability to shake off a few taserings to adrenaline.

Actually, it was silly - of the court - to accept that claim. But, hey, support your local pothead/thief!

We seem to have a number ofcriminal fan (fans of criminals) around here.

 

[Bikewer]

Wildcat: This is the question we in law enforcement ask continually. Given that these out-of-control individuals must be controlled in some way, the Taser is far safer than the alternatives, which include hand-to-hand combat, beating with impact weapons, and shooting.
The very reason for the adoption of the device by police is to avoid the numerous complaints, lawsuits, and charges resulting from use-of-force complaints.

Research is ongoing in a number of promising fields. There is the experimental green-pulse-laser device which induces nausea and confusion. It's in preliminary testing phase. There is a Taser-like device in experimental phase that uses no wires or darts. The charge is transmitted within a laser beam. (might our criminals take to wearing tinfoil?)
Others as well... Maybe someday we'll get that Star Trek phaser we can set on "stun".

 

[sthomson]

Actually, it was silly - of the court - to accept that claim. But, hey, support your local pothead/thief!

Does committing a crime justify dehumanization?

We seem to have a number ofcriminal fan (fans of criminals) around here.

That's quite a leap. I support the work of law enforcement and of the criminal justice system. I support checks and balances. I support the rights of the victims, the cops, AND the criminals. I am a "fan" of treating other people like human beings, regardless of their state of intoxication.

From the OP, I gather that the man was unarmed (or I'm sure it would have been mentioned). Does repeatedly tasering an unarmed man, despite the presence of multiple law-enforcement officers, constitute excessive force? Well, the lower court ruled that it does. I'm sure that higher courts will get a chance to review the ruling.

 

[Beerina]

defendants' expert testified that being shocked by a taser can render a subject disoriented. Thus, Mr. Beaver's actions may have been as much a reaction to being tased as an intentional effort to resist arrest.

So if the officer isn't sure if the guy is just disoriented, or is actively still fighting, they should not taze, and take extra risk on themselves to protect the "right" of a criminal(-in-progress) to "not be excessively tazed"?

I love how these decisions are made by men sitting in rooms, safely behind layers of guards, and not on the front lines.

 

[BPSCG]

I'm waiting for Apple to come out with the taser-equipped iPhone so I can use it to get the goddam tourists out of my way.

 

[Jimbo07]

I'm waiting for Apple to come out with the taser-equipped iPhone so I can use it to get the goddam tourists out of my way.

iTaze... comes in white, blue or pink!

 

[ImaginalDisc]

So if the officer isn't sure if the guy is just disoriented, or is actively still fighting, they should not taze, and take extra risk on themselves to protect the "right" of a criminal(-in-progress) to "not be excessively tazed"?

I love how these decisions are made by men sitting in rooms, safely behind layers of guards, and not on the front lines.

If you accept those standards, Beerina, then anyone who passively resists an officer, even if it is because they are physically incapable of doing what they are told, should be tased until they finally comply.

 

[BPSCG]

iTaze... comes in white, blue or pink!

I want mine in patriotic red, white, and blue!

Mrs. BPSCG tends to prefer pastels and earth tones.