A federal appeals court reversed itself Friday and dismissed a lawsuit by a Southern California man who was Tasered by a police officer after being stopped for not wearing a seat belt.
The Ninth U.S. Circuit Court of Appeals in San Francisco had initially ruled in Carl Bryan’s case in December, saying police must have reasons to believe a suspect is dangerous before firing a Taser and can’t use the weapon merely because the person is disobeying orders or acting erratically.
The court reaffirmed that conclusion Friday, setting legal standards for excessive-force suits against police who use stun guns in the Ninth Circuit’s jurisdiction of California and eight other Western states.
But the three-judge panel also said – contrary to its previous decision – that the laws governing Tasers were unclear at the time of the incident and the officer would not necessarily have known that he was violating Bryan’s rights.
You know how they always say that ignorance of the law is no excuse? Well apparently it is an excuse for cops.
#17 Don’t let the door hit you on the way out. What was the dude doing? Seems a bit unusual for a guy to get out of his car and start running around in circles. Would be nice to see the video.
In Wisconsin, (Gitmo Nation) they can now stop you just for not wearing a seatbelt. It seems like this incident is like kicking someone when they are down — simply not done in polite fights.
Treat the police like the mafia they are and you will be OK. Would you fuck with a wiseguy?
I noticed yesterday that a jury awarded more that $300,000 to a man that was tasered by police.
http://tinyurl.com/2f6hxdv
I thought, Wow, the courts do sometimes rule in favor of the victim in taser incidents. Then I noticed the victim in this case was another cop. Hmmmmm…….
On a related subject, being a cop in the U.S. has to be one of the worst jobs anyone can have. The horrific things you see almost on a daily basis combined with the possibility of getting killed on the next traffic stop or building search is insane. The vast majority of people are not qualified to do this job. Its no wonder that the people that end up being cops are (or become) somewhat “volatile”.
Surprisingly, it is legal for anyone to buy a tazer in Kalifornia. How’d the assholes let THAT slip by? And, they are priced starting at $20. Now really. If they are going to let the plebs have them, the least they can do is tax the shit out of them….and licence them, and limit the sales, and require lots of paperwork, and…you get the idea.
Buy yours this week.
Kimber makes a nice one for $300. Or, there are lots of effective models available for much less.
The court said the officer wouldn’t have known that he was violating the defendant’s rights.
Would he have not know that he was violating the defendant’s body?
zybch,
Most cops are decent people trying to make a difference.
However, some cops are cops because of their desire for power and dominance, and THESE are the bad guys in good guy clothing.
#26–SweenyTodd lives==”Most cops are decent people trying to make a difference.”==/// Tell me another one as you taser me in the back.
Where do you get this loopy idea that most of any group is one thing or the other? What does that come from? Take the general population. Make your generalization there. THEN allow that general population to choose what they want to do for a living. You’ll see an immediate difference in the groups from their own self selection. NOW–add in the Establishment selects dull witted applicants who will follow orders in order not to have the cops quit after 2-3 years from boredom or frustration. Did you consider that? Still want to say any silly thing that you wish were true?
Well then we can add in about 15 more real world that speak against your BS.
Police taser guy for not wearing seat belt?
Forgot the asterisk and fine print that said
cursing , pounding thighs and talking gibberish?
Yea right, it was just the seat belt.
We seem to have moved from the Police being the body which administers the Law and Statutes, to police being the body which also administers punishments, in other words are now legally able to acts as courts with a jury of one who is also the judge.
I thought that courts were jealous of their powers and authority. Contempt of the Court being regarded as a very serious offence. Is contempt of the police also now a serious offence?
This ‘getting away with it’ by the way is not only in the US. There are some very severe cases of it in the UK France and Germany – also unpunished.
Police in the UK are killing an increasing number on the roads every year whilst racing at totally unacceptable speeds, hardly any are brought to book over this. They’ve also copied the US sirens – which – by the way, are operated here at over 85 decibels (up to 120dB), also an offence against Health and Safety law in the UK and no, there is NO exclusion from the law for this.
Tasers would have killed the civil rights movement. Civil disobedience, apparently, is more than enough just cause for taser deployment. Instead of images of firehoses, dogs, gunfire, and beatings used on protesters it would be protesters in the throes of electricity induced palsy. And, of course, everyone would say that the pictures/video was not put in proper perspective.
If I get tasered by a cop, I will go Israeli on him. I’d kill him and his entire family.
# 31 Who said, – I’d kill him and his entire family.
What if it’s a lady cop who tasers you?
And when you say “entire family” can you be more specific? Grandparents? Second cousins? In-laws?
bobbo,
I thought the same as you… that it was not likely this guy got Tasered® _only_ for not wearing his seatbelt.
But do you think a guy should get Tasered® for shouting jibberish? Or wearing boxer shorts?
Since getting Tasered® is torture-like pain and sometimes fatal, the rules for using it should be far more than odd dress or erratic behavior.
>> Who said, on June 20th, 2010 at 3:54 pm
>> If I get tasered by a cop, I will go Israeli on him. I’d kill him and his entire family.
“Who” needs to ice his bigoted groin after that stretch!
>> blackfeathers said, on June 19th, 2010 at 8:23 pm
>> pet peeve:
>> stun guns are not tasers and vice versa.
>> why is it so difficult to understand the difference between the two?
Maybe because Tasers sort-of look like guns and are used to stun people!
Seriously, dude, you need to let this issue go.
>> # 29 allthenewsthatfitsweprint said, on June 20th, 2010 at 11:26 am
>> cursing , pounding thighs and talking gibberish?
So, you thank that “pounding thighs” warrants an sometime-fatal but always-agonizing tactic on him?
SHEESH!
What’s with some people (usually conservatives)? They ALWAYS side with the cops. ALWAYS rationalize away anything they do!
Clearly, they have a thing for a man in a uniform. It’s some sort of authority figure fantasy thing.
SHUT UP SLAVES!
The cop should have NOT taserd him. But the headline that he was tasered for not wearing a seat belt is not correct. And the courts did not say it’s ok to taser someone for no seat belt.
Does the C stand for crap.
#34–Greg==I agree with you, Tasers are torture and the favorite/legalized weapon of the dull witted power made undertrained poorly selected drones that use them.
Tasers should be used today when a gun would have been used yesterday. Tasers should not replace intelligence and talking a victim/perp/witness/citizen thru the situation both are dealing with.