Friday, January 08, 2010

New Taser Precedent May Change All the Rules

The federal Ninth Circuit Court of Appeals has issued a decision that may change all the rules when it comes to the use of Tasers in Bryan v. McPherson. |PDF|

Orin Kerr makes some excellent points at the Volokh Conspiracy
about the odd narrative quality of the decision as well as its overreaching based on a summary judgment motion.

We'll have to wait and see if this opinion heralds things to come or is just a case of a sympathetic plaintiff getting a break from the court.

It does make me cringe to read about the plaintiff breaking his teeth when he slammed into the concrete after being tasered.

I think the total lack of any warning from the officer is a rather unusual fact that may have impacted the court's decision.

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