Taser Debate Increases as the Supreme Court Declines to Hear Excessive Force Cases

July 25, 2012

The debate on whether Taser use by police officers constitutes excessive force is gaining more steam even after the U.S. Supreme Court declined to hear two cases coming from the U.S. Court of Appeals for the Ninth Circuit. In one case, a pregnant woman was shocked three times by Seattle police officers after she refused to sign a traffic ticket for driving 32 miles per hour in a 20 m.p.h. school zone. Another case involved a Hawaii woman who was "Tasered" while officers attempted to arrest her husband following a domestic abuse call.

Both women filed suit against their respective police departments, alleging that officers violated their Fourth Amendment right to be free from the use of excessive force. Lawyers for the police officers argued that the officers were protected from such lawsuits by qualified immunity.

In both cases, the trial court ruled at summary judgment that the officers were not entitled to qualified immunity, and that the cases should proceed to a trial. The Ninth Circuit disagreed, ruling that even though the police essentially used excessive force, the law was not established clearly enough at the time of both incidents to give the officers fair warning that their actions were unreasonable and unconstitutional; thereby supporting the officers' immunity defense.

With the high court declining to hear the cases, the appeals court rulings will stand. However, experts believe that a Taser use case will eventually be heard.

Taser is the brand name for the gun-like devices that use propelled wires to deliver an electrical shock to its victim. The shock immobilizes the muscles in the body and incapacitates a person, in many cases causing a sharp pain that is gone seconds later.

Proponents of Taser use believe that it gives police officers a safe, yet effective means of subduing belligerent suspects without using deadly force. They argue that fewer injuries occur and more suspects become compliant even after seeing the Taser being drawn.

Opponents believe that officers rely too much on Tasers and resort to them instead of doing genuine police work to properly interview and subdue subjects, which invariably lead to abuses of authority and civil rights violations.

Perhaps most overlooked, Tasers are commonly used without regard to risk factors that could make even a short jolt of electricity lethal. Experts on Taser use suggest that they should only be used on physically fit, drug free individuals in good health who have not been engaged in vigorous physical activity in the five minutes immediately preceding the Taser shock. However, a majority of people involved with the police do not fit these criteria. Images abound on the Internet of people being shocked who are unarmed, physically unimposing, and are pleading for officers not to abuse them.

Further, there is a growing concern with people being killed by Tasers. According to data collected by Amnesty International, at least 500 people in the United States have died since 2001 after being shocked during their arrest or while in jail. A number of deaths in Taser cases have been traced to unnecessary uses of force, and nearly all victims were unarmed.

Despite these numbers, more law enforcement agencies are using Tasers. If you have been harmed by an officer using this weapon, an experienced attorney can advise you of your rights and options.

Article provided by Rush & Gransee, L.C.
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