Judge Sets Limits on Police Use of Tasers

(Sacramento Bee) – A federal appeals court issued one of the most comprehensive rulings yet limiting police use of Tasers against low-level offenders who seem to pose little threat and may be mentally ill.

The San Diego County case is the latest ruling to address the issue. The court recounted the facts of the case:

In a case out of San Diego County, the 9th U.S. Circuit Court of Appeals criticized an officer who, without warning, shot an emotionally troubled man with a Taser when he was unarmed, yards away, and neither fleeing nor advancing on the officer.

Without a word of warning, he hit Bryan in the arm with two metal darts, delivering a 1,200-volt jolt.

Temporarily paralyzed and in intense pain, Bryan fell face-first on the pavement. The fall shattered four of his front teeth and left him with facial abrasions and swelling. Later, a doctor had to use a scalpel to remove one of the darts.

Bryan sued McPherson, the Coronado Police Department and the city of Coronado, alleging excessive force in violation of his Fourth Amendment rights.

The officer moved to have the claim dismissed, but a federal trial judge ruled in Bryan’s favor.

A three-judge panel of the 9th Circuit affirmed the trial judge’s ruling, concluding that the level of force used by the officer was excessive.

Some lawyers called it a landmark decision.

Eugene Iredale, a San Diego lawyer who argued the case, said it was one of the clearest and most complete statements yet from an appellate court about the limits of Taser use.

Courts will consider all circumstances, including whether someone poses a threat, has committed a serious crime or is mentally troubled.

“In an era where everybody understands ‘don’t tase me, bro,’ courts are going to look more closely at the use of Tasers, and they’re going to try to deter the promiscuous overuse of that tool,” he said.