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.




  1. Glenn E. says:

    Just wait until the SF cops go from using Tasers, to Phasers. Then they’ll be using the “stun setting” for everything from J-walking to littering.



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