Police may not taser an individual simply because he or she is acting erratically, nor may they taser someone simply because they are not obeying.
A federal appeals court in San Francisco has ruled that police can't zap someone with a stun gun unless the suspect poses an immediate threat. The ruling sets police standards for use of the taser, saying stun guns must be used only when "substantial force" is needed. The Ninth U.S. Circuit Court of Appeals said officers can't taser a person simply for acting erratically or disobeying orders. ... [LINK]
Dear Taser International,
Happy New Year.
I told you that 2009 would be an interesting year.
Between the Maryland Attorney General concluding that you have "significantly" understated the risks of taser use, and now the court ruling that an extremely common application of your torture device is unconstitutional, what a great way to end the year.
Anyone, anywhere (in the USA) that was tasered under circumstances that align with this ruling should seek immediate legal counsel with a view towards launching a lawsuit.
There should be many tens of thousands of such cases.
Hopefully Taser International can be dragged in due to their vertically integrated training and certification scheme.
If you arrived here on direct link to a specific post, then you may click here if you wish to view all the latest posts on the Excited-Delirium blog.