Federal court restricts Taser use by police

[pissedoff01]

http://www.latimes.com/news/local/la-me-taser30-2009dec30,0,3444530.story?track=rss

Federal court restricts Taser use by police
Ninth Circuit ruling -- allowing an officer to be held liable for injuries a man suffered after being Tasered -- sets a precedent that may force agencies to revisit their policies.
By Joel Rubin and Richard Winton

A federal appeals court this week ruled that a California police officer can be held liable for injuries suffered by an unarmed man he Tasered during a traffic stop. The decision, if allowed to stand, would set a rigorous legal precedent for when police are permitted to use the weapons and would force some law enforcement agencies throughout the state -- and presumably the nation -- to tighten their policies governing Taser use, experts said.

Michael Gennaco, an expert in police conduct issues who has conducted internal reviews of Taser use for the Los Angeles County Sheriff's Department and other agencies, said the ruling by the U.S. 9th Circuit Court of Appeals prohibits officers from deploying Tasers in a host of scenarios and largely limits their use to situations in which a person poses an obvious danger.

"This decision talks about the need for an immediate threat. . . . Some departments allow Tasers in cases of passive resistance, such as protesters who won't move," he said. Tasering for "passive resistance is out the door now with this decision. Even resistance by tensing or bracing may not qualify."...

The unanimous ruling, issued Monday by a three-judge panel, stemmed from a 2005 encounter in which a former Coronado, Calif., police officer, Brian McPherson, stopped a man for failing to wear a seat belt while driving. The driver, Carl Bryan, who testified that he did not hear McPherson order him to remain in the car, exited the vehicle and stood about 20 feet away from the officer. Bryan grew visibly agitated and angry with himself, but did not make any verbal threats against McPherson, according to court documents. McPherson has said he fired his Taser when Bryan took a step toward him -- a claim Bryan has denied. Bryan's face slammed against the pavement when he collapsed, causing bruises and smashing four front teeth...

[firstnamefred]

1. Fifth Circuit would never tie police hands like that

Police: n. armed force for protection and participation.

[pipoman]

2. Except

police are under absolutely no obligation to protect anyone, and I have no idea what 'participation' means in this context...'armed force' sounds about right though..