In today’s world, the use of force by law enforcement is a topic that frequently makes headlines and sparks debates. One particularly controversial issue is whether police can use a taser on a pregnant woman. While this may seem completely inhuman, it is not uncommon.
In September, 2020, a Springfield Police Officer, Leon Davis tased a pregnant woman, Bryanno Parillo, and had to resign. Similarly, another pregnant woman was tased in the Tower Square Hotel in 2008, which are both sad incidents.
This situation is tricky and includes various legal, ethical, and medical considerations. Let’s look at why police use tasers. We will mention the potential effects on pregnant women and the legal implications of such scenarios. Lastly, we will list what steps to take if such an incident occurs.
Why Do Police Use Tasers?
Police officers often face challenging and dangerous situations where they must make split-second decisions to protect themselves and the public. Tasers, also known as conducted energy devices (CEDs), are tools designed to incapacitate a person temporarily without causing permanent harm.
Tasers are a less-lethal alternative to firearms and subdue suspects who are resisting arrest or posing a threat.
The primary reasons for using a taser include:
- Subduing Non-Compliant Suspects: A taser can quickly incapacitate them, allowing officers to gain control without resorting to more lethal force. This is useful in cases of arrest resist.
- Minimizing Injury: Tasers can reduce the risk of serious injury to both the suspect and the police officer. Compared to physical confrontation or firearms, this is a better option.
- De-escalation: Sometimes, presence of a taser can de-escalate a situation. This happens as suspects may be more likely to comply to avoid being tased.
How Can Tasers Affect Pregnant Women?
The use of a taser on a pregnant woman raises significant medical concerns. The electrical shock from a taser can cause various impacts. This includes muscle contractions, stress, and potential injury, which can be harmful to both the mother and the unborn child. This is a sign of police brutality and unlawful use of tasers. The potential risks include:
- Miscarriage: The stress and trauma caused by a taser shock could potentially lead to a miscarriage. This is common with women in the first trimester when the pregnancy is most vulnerable.
- Preterm Labor: The shock and stress might induce premature labor. This puts the baby at risk of complications associated with preterm birth.
- Placental Abruption: The sudden contraction of muscles and the physical trauma could cause the placenta to detach from the uterus. It can be life-threatening for both the mother and the baby.
- Injury to the Mother: Beyond pregnancy-specific risks, taser use can cause falls and physical injury to the mother. Therefore, indirectly harm the unborn child.
Legal Consequences and Penalties for Officers
The use of a taser on a pregnant woman can have serious legal repercussions. Both the police officer and the law enforcement agency can be liable if guilty. These consequences can vary based on the circumstances of the incident and the laws of the specific jurisdiction, including Nevada.
- Criminal Charges: The officer could face criminal charges such as assault, battery, or even manslaughter. The exact charges depend on the severity of the injury and the circumstances for the use of the taser.
- Civil Lawsuits: The victim or her family may file a civil lawsuit against the police officer and the law enforcement agency. This lawsuit could seek damages for medical expenses, pain and suffering, loss of income, and wrongful death if a miscarriage occurs.
- Departmental Penalties: Regardless of legal proceedings, the officer may face disciplinary actions within their police department. This could include suspension, termination, or mandatory retraining.
What to Do If the Police Use a Taser on a Pregnant Woman
If a pregnant woman is tased by the police, it is crucial to take immediate steps to protect her health and legal rights.
- Seek Medical Attention: The first and most important step is to seek immediate medical attention. This will ensure that any potential injuries to the mother or unborn child are promptly treated. Medical records will also be crucial evidence if legal action is pursued. In case of delayed medical attention, you can take legal actions with a reputable firm.
- Document the Incident: Gather as much information as possible about the incident. This includes the names and badge numbers of the officers involved, witness statements, and any available video footage from bystanders or police body cameras.
- Contact an Attorney: Consulting with an attorney who specializes in police misconduct and personal injury cases is essential. An experienced lawyer can provide guidance on the legal options available and help navigate the complex process of filing a claim or lawsuit.
- File a Complaint: Filing a formal complaint with the police department and the city’s civilian review board (if applicable) is an important step. This can initiate an internal investigation and ensure that the incident is officially recorded.
Legal Implications: Can You Sue the Police for Using a Taser on a Pregnant Woman?
Yes, you can sue the police for using a taser on a pregnant woman, especially if it results in injury or a miscarriage. Several legal avenues may be pursued, including:
- Personal Injury Lawsuit: A personal injury lawsuit can be filed against the police officer and the department. This lawsuit seeks compensation for medical expenses, pain and suffering, and other related damages.
- Wrongful Death Lawsuit: If a miscarriage occurs due to the taser use, the family may file a wrongful death lawsuit. This type of lawsuit seeks damages for the loss of the unborn child, including emotional distress and loss of future support.
- Civil Rights Violation: In some cases, the use of a taser on a pregnant woman may be considered a violation of civil rights. A civil rights lawsuit can be filed under federal law, specifically Section 1983, which allows individuals to sue for violations of their constitutional rights by government officials.
Should You File a Wrongful Death Lawsuit if a Pregnant Woman Was Tasered and Had a Miscarriage?
Filing a wrongful death lawsuit in cases where a pregnant woman was tasered and had a miscarriage depends on various factors, including the specifics of the incident and state laws. Wrongful death claims can provide compensation for:
- Medical Expenses: Costs associated with medical treatment.
- Pain and Suffering: Compensation for physical and emotional distress.
- Loss of Consortium: Compensation for the loss of companionship and support.
How to Sue the Police for Using a Taser on a Pregnant Woman
Suing the police for using a taser on a pregnant woman involves several critical steps:
- Determine the Grounds for the Lawsuit: Identify the specific legal grounds for the lawsuit, such as negligence, excessive force, or civil rights violations.
- Collect and Preserve Evidence: Gather all relevant evidence that supports your case. This includes medical records, witness statements, and any available video footage.
- File a Notice of Claim: In some jurisdictions, you must file a notice of claim with the police department or government entity before filing a lawsuit. This notice informs them of your intention to sue and provides them with an opportunity to respond.
- File the Lawsuit: With the help of your attorney, file the lawsuit in the appropriate court. The lawsuit should detail the incident, the damages sought, and the legal grounds for the claim.
- Engage in Discovery: During the discovery phase, both parties exchange information and evidence. This may include depositions, interrogatories, and requests for documents.
- Negotiate or Go to Trial: Many lawsuits are settled out of court through negotiation. If a settlement cannot be reached, the case will go to trial, where a judge or jury will determine the outcome.
Legal Considerations
Several legal considerations must be taken into account when suing the police for using a taser on a pregnant woman:
- Qualified Immunity: Police officers may be protected by qualified immunity, which shields them from liability unless it can be proven that they violated clearly established statutory or constitutional rights.
- Statute of Limitations: There is a limited time period within which you can file a lawsuit, known as the statute of limitations. This period varies by jurisdiction and type of claim.
- Burden of Proof: The burden of proof lies with the plaintiff, who must demonstrate that the officer’s actions were unlawful and directly caused the harm.
How an Attorney Can Help You If Police Use a Taser on a Pregnant Woman
When a pregnant woman is subjected to the use of a Taser by police, it can lead to severe physical, emotional, and legal consequences. Navigating the complexities of such a situation requires expert legal guidance. Here’s how an attorney can assist you in these challenging circumstances.
- Legal Advice and Guidance: An attorney explains the legal rights of the victim and evaluates the case’s viability, providing clear guidance on possible legal actions.
- Investigation and Evidence Gathering: They gather crucial evidence, such as medical records and witness statements, and secure expert testimony to support the case.
- Filing Complaints and Legal Documents: Attorneys assist in filing formal complaints with the police department and handle all necessary legal documents, ensuring compliance with deadlines.
- Building a Strong Case: They develop a strategic approach, focusing on the strongest legal arguments, and prepare the case for trial with organized evidence and prepared witnesses.
- Negotiating Settlements: Attorneys negotiate with the police department or insurers to seek a fair settlement, aiming to secure maximum compensation for damages.
- Representing in Court: If a settlement is not reached, an attorney represents the victim in court, advocating effectively to the judge and jury.
- Handling Qualified Immunity Issues: They challenge claims of qualified immunity, arguing that the officer’s actions violated clearly established law, and use relevant legal precedents to strengthen the case.
- Ensuring Accountability: Attorneys work to hold involved officers accountable for their actions, potentially leading to disciplinary actions, criminal charges, and broader changes in police practices.
Get the Justice You Deserve with BLG
The question of whether police can use a taser on a pregnant woman is complex and fraught with legal and ethical challenges. While tasers are valuable tools for law enforcement, their use on vulnerable populations, such as pregnant women, can lead to severe consequences. Understanding the potential risks, legal implications, and steps to take if such an incident occurs is crucial for protecting the rights and health of both the mother and the unborn child.
If you or a loved one has been Tasered while pregnant, the experienced attorneys at BLG are here to help. We understand the physical, emotional, and legal challenges you are facing. Our dedicated team will fight to protect your rights and seek the compensation you deserve.
Contact us today for a free consultation.
FAQs
Can you taser someone who is wet?
Yes, a Taser can be used on someone who is wet/ However, it may increase the conductivity and spread of the electric current.
What happens when you get tased?
When you get tased, an electric shock is delivered that temporarily overrides your muscle control. This leads to pain and muscle contractions, often resulting in temporary incapacitation.
Does a Taser have to touch you?
Yes, for a Taser to be effective, the probes need to make contact with the person’s skin or clothing.
Is a Taser gun safe?
A Taser gun is generally considered safe for temporary incapacitation. However, it can cause serious injury or complications, especially in individuals with certain health conditions.
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