Weekly Law Resume - December 22, 2010: Government Liability - Taser Considered Intermediate Level of Force


Electronic Control Devices, otherwise known as "Tasers," have become one of the most important less lethal weapon options for police officers. In this case, the 9th Circuit Court of Appeals has now characterized the use of a taser as an intermediate level of force, and has set forth guidelines to weigh when considering a claim of excessive force under the Fourth Amendment.

On the early Sunday morning of July 25, 2005, plaintiff Carl Bryan was stopped by defendant Bryan MacPherson, a Coronado police officer, at a seatbelt check point, as he crossed the Coronado bridge onto Coronado Island. Bryan had already been given a speeding ticket that morning by the California Highway Patrol and apparently had forgotten to put his seatbelt back on. When Officer MacPherson indicated he was going to give Bryan another ticket, Bryan, dressed only in boxer shorts and tennis shoes, became extremely agitated. He began banging his hands on his dashboard, cursing to himself. He then got out of his car and began cursing again and pounding his fists on his thighs.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Low, Ball & Lynch | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.