Tasers are used by law enforcement officers all across the country. But they are not without controversy. From situations where their use might be considered excessive, to incidents where they’ve resulted in the death of a subject, Tasers are a serious weapon and one without explicit guidance from the courts.
According to McClatchy Newspapers, that might change in the upcoming session of the Supreme Court, as the justices will decide whether or not they will hear cases to determine if Taser use can be considered excessive force.
Last year the 9th Circuit Court of Appeals ruled that stunning a nonviolent person could be considered excessive force. Many within law enforcement and those concerned about individual justice are hoping the High Court will take up the matter next.
Tasers represent a mid-point in the use of force continuum used by police officers. They first use their words to gain compliance, and before deadly force they are allowed to use a Taser to gain control of a situation. In the past, officers would result to physical contact with resistive citizens, but it seems that hands-on approach has been abandoned for Tasers.
But Tasers themselves have been proven to be deadly force themselves and the subject of civil action against the departments that use them.
In 2009, the city of Woodland, California was ordered to pay out $300,000 to the family of a man who died after being tased. In 2010, Chowchilla, California faced a similar $330,000 judgment.
The company behind the weapons, Taser International, has also been subjected to lawsuits, in one case being ordered to pay $6.2 million to a man who was shocked and then went into cardiac arrest.
The cases that may go before the Supreme Court, however, all question whether or not Tasers can be considered “excessive force” when used against noncombative individuals. The specific cases that are being considered include one of a pregnant woman pulled over for speeding. After refusing to sign the ticket, she was pulled out of the car and shocked. Another woman was shocked by police at her home when they responded to a domestic violence call. She was reportedly trying to calm the situation down when she was tased.
What makes the police feel that they need to use force like this varies from officer to officer. Most controversial cases that we hear about in the news, however, usually involve a frustrated officer dealing with someone who simply doesn’t fall all over themselves to obey commands. But these individuals aren’t always posing a threat and are often completely nonviolent in their resistance.
When a Taser is deployed, criminal charges will most definitely follow. An officer has to justify the use of his weapon even if there didn’t seem to be an initial justification. Resisting arrest is a likely charge.
Whether you are the victim of a Taser or if you are simply facing any criminal charges that you feel are unjustified, contact us today for someone that can offer you a free consultation on your case.
About David Matson