The inappropriate use of a taser on an individual may be grounds for an excessive force complaint. If the police officers use of his taser was unreasonable then you may have a civil rights claim for excessive force against the officer. You may also have a civil rights claim against the local police agency if their policies, practices, or procedures were the driving force behind the unlawful use of the taser which constituted excessive force. The reasonableness of the officer’s actions are viewed not with hindsight, but from the perspective of a reasonable officer at the scene of the tasering. Graham v. Connor, 490 U.S. 386, 396 (1989).
The reasonableness of the force used is weighed comparing the individual’s right to be free from unlawful seizures with the countervailing interest of the government including officer and public safety. Factors that are weighed when deciding whether an officer’s use of a taser constitutes excessive force include the amount of force used, whether there was probable cause for the intital arrest, the seriousness of the crime, whether the suspect poses an immediate threat to the officer and general public, and whether the individual is complying with the officers requests, resisting, or fleeing.
Like other civil rights violations other factors determine the viability of your claim including the amount of measureable damages such as medical bills, lost income, or identifiable permanent disability.
There is never a charge for a Free Consultation. If you decide to retain us to pursue your claim there are typically no upfront expenses.
If you believe you have been the victim of an unreasonable tasering, other police brutality, or other Civil Rights violation contact the Norman Law Firm today.