Ninth Circuit Ruling Restricts Use of Taser By Police

The Ninth Circuit Court of Appeals ruled last week that a California police officer may be held liable for injuries caused to an unarmed motorist who was tasered during a traffic stop. The decision is forcing police agencies throughout California to examine their policies regarding the use of tasers. The court’s opinion defines when the use of a taser is appropriate and limits the use of the taser to situations where the person presents an obvious danger.

The ruling stems from a 2005 incident in which a former Coronado, California police officer stopped a motorist for failing to wear a seatbelt while driving. The driver, Carl Bryan, testified he did not hear the officer order him to remain in the vehicle. He exited and vehicle and stood about 20 feet from the officer. Bryan became visibly agitated and upset with himself, but did not make any verbal threats. The officer claimed he tasered Bryan when Bryan took a step toward the officer-a claim that Bryan has denied. Bryan’s face hit the pavement, resulting in bruises and four shattered front teeth.

The justices did not rule on whether the police officer acted appropriately, but it paves the way for Bryan to pursue a civil lawsuit against the officer and the City of Coronado.

Under the new ruling, tasering a fleeing suspect or a suspect who refuses to comply with an order to lie down during an arrest appears to be prohibited, since the suspect would not pose an obvious danger in these scenarios.

The ruling sets forth clear legal guidelines for when an officer may use a taser, and defines scenarios where the use of a taser would be prohibited. The justices further stated that the use of a taser poses a much more serious use of force than pepper spray-this opinion runs directly contrary to the policies of many law enforcement agencies in California and throughout the nation. Several law enforcement agencies throughout California have announced plans to review their policies regarding the use of tasers in view of this recent appellate court ruling.

New York Woman Awarded $75,000 Settlement in Taser Case

On Tuesday, The Post-Standard reported that Onondaga County legislators unanimously approved a $75,000 settlement for a woman who was unjustifiably tasered by a police officer in front of her children last January. According to the article, 38-year-old Audra Harmon was driving with her two children when she was pulled over by a police officer for driving 50mph in a 45mph zone. The police officer, Sean Andrews, drew his Taser when Ms. Harmon got out of her minivan and then did not immediately get back in at the officer’s request. Subsequently, when Ms. Harmon got back into her minivan, Officer Andrews dragged her back out of the minivan and shocked her with the Taser. A video of the incident was taken from the patrol car and can be viewed here. Ms. Harmon’s children witnessed the entire frightening event.

In response to the incident, Officer Andrews was suspended for 30 days without pay, and additional administrative charges are pending. Ms. Harmon appeared on NBC’s “Today” show to talk about what happened to her, and the incident was also featured in a segment about stun guns on Comedy Central’s “The Colbert Report.” Finally, this week, the county approved a $75,000 payment to settle a lawsuit filed by Ms. Harmon.

Taser Death Re-examined: Government Commission Critical of Police Use of Taser

On December 8^th, a Canadian government commission issued a report re-examining the 2007 death of a Polish immigrant who died after being repeatedly tasered by the Royal Canadian Mounted Police. Robert Dziekanski had just arrived in Canada from Poland and became distraught when a communications mixup left him stranded for hours in the baggage area of the airport. Dziekanski did not speak English, and police were called to the scene following reports of a man creating a disturbance at the Vancouver airport.

Officers arriving on the scene waited less than 30 seconds before deploying their Taser stun guns on Dziekanski, and shocked him repeatedly without determining whether further shocks were justified. A bystander captured the event on video, and footage of Dziekanski screaming in agony on the floor as he was repeatedly tasered while he died appeared worldwide and incited outrage over his death.

The strongly-worded 200 page report, which may be read in its entirety by clicking here, concludes that the use of the taser was, in the words of Paul Kennedy, chairman for the Commission of Public Complaints “premature and inappropriate.”