The use of tasers by police officers is a contentious issue that has garnered significant attention due to the potential for severe injury and even death. If you have suffered catastrophic injuries we understand. Everything from having your shirt catch fire after being tased, to being moved around badly is an offence. Understanding the legal ramifications and your rights is crucial. Instances of the unlawful use of tasers by police highlight the need for stringent guidelines and accountability.
So, what happens if a police officer uses a taser, stun gun, or something else to subdue a person? Is the police taser a valid weapon and what if leads to serious injuries? Are the police departments allowed to use unconstitutionally excessive force or threatening behavior?
The article will cover unlawful use of tasers by police, providing insights into what tasers are, when their use is lawful, and the legal avenues available for those affected.
What Are Tasers and Stun Guns?
Tasers, also known as conducted electrical weapons (CEWs), are electroshock devices used by law enforcement to incapacitate a subject delivering a high-voltage, low-amperage electrical charge. This charge disrupts the body’s neuromuscular control, causing temporary paralysis.
Stun guns operate on a similar principle but typically require direct contact with the target, whereas tasers can be used from a distance, deploying barbed projectiles that deliver the electrical charge. However, unlawful use of tasers by police is still a massive crime.
When Can the Police Lawfully Use a Taser?
The lawful use of a taser by police officers is governed by strict manufacturer guidelines, policies and procedures and case law intended to ensure it is used appropriately. Generally, the use of a taser is considered lawful when:
- The suspect poses an immediate threat to the law enforcement officer or others.
- The suspect is actively resisting arrest or attempting to evade arrest.
- The situation involves a significant threat that cannot be managed by less forceful means.
In such scenarios, a reasonable officer must believe that the use of a taser is necessary to control the situation. If they see unlawful use of tasers by police, they must stop and report it timely.
When the Police Cannot Use a Taser
Conversely, there are circumstances where unlawful use of tasers by police can constitute excessive force. These include:
- Using a taser on a suspect who is not actively resisting or posing a threat.
- Deploying a taser on vulnerable populations, such as pregnant women, the elderly, or individuals with known health issues like heart conditions.
- During a traffic violation where there is no significant threat to the officer or public.
- Using a taser in a manner that violates departmental policies or federal regulations.
What Taser Abuse Is & How It Works
Taser abuse occurs when law enforcement officers use tasers in a manner that exceeds what is considered reasonable force.
This can involve repeated or prolonged shocks, using tasers on non-threatening individuals, or deploying tasers without sufficient warning or justification. Such abuse not only causes physical harm but can also be a form of police misconduct and a violation of civil rights.
What Causes Taser Abuse?
Several factors can contribute to taser abuse, including:
- Lack of proper training: Officers who are not adequately trained in the use of tasers may misuse them.
- High-stress situations: High-pressure environments can lead to poor decision-making and excessive force.
- Lack of accountability: In some cases, law enforcement agencies may fail to hold officers accountable for misuse of tasers, leading to repeated incidents.
Common Injuries Caused By Tasers
The most common injuries resulting from taser use include:
- Burns: Both from the electrical discharge and potential ignition of clothing.
- Puncture wounds: From the barbed projectiles used by tasers.
- Cardiac issues: Including arrhythmias and cardiac arrest.
- Neurological damage: Resulting in permanent brain damage or other nervous system impairments.
- Musculoskeletal injuries: Due to the sudden and violent muscle contractions caused by the electrical charge.
- Falls: When tased, it forces the loss of motor control that can cause falls both to the ground at speed but also off of elevated locations such as stairs, roofs, or cars.
Can a Taser Seriously Injure or Kill Someone?
Yes, tasers can cause serious injury or even death, particularly in certain individuals or under specific conditions. Potential injuries include:
- Cardiac arrest: The electrical shock from a taser can interfere with the heart’s rhythm, leading to cardiac arrest.
- Burns and fire hazards: Tasers can ignite flammable materials, causing burns or fire-related injuries. Officers are instructed to not taze anyone suspected of being covered in flammable materials such as alcohol, gasoline or other flammables like hand sanitizer. Even some clothing is just more likely to catch fire with a spark than others.
- Neurological damage: The intense electrical charge can cause nervous system damage, resulting in lasting physical and mental impairments.
Related Incident Example
No Charges in Death of Man Who Caught Fire After Officer Used Taser
On October 13, 2023, New York Attorney General Letitia James announced that no charges would be filed against three Catskill police officers involved in the death of Jason Jones. Jones, 30, died on December 15, 2021, six weeks after suffering severe burns from a taser deployment. The incident occurred after Jones had doused himself with hand sanitizer in the Catskill police station’s lobby.
According to the investigation, Jones had been acting erratically at a local bar before running to the police station. Officers responded to the scene, and during an attempt to subdue Jones, one officer used a taser. The hand sanitizer he had applied ignited, causing severe burns. Despite the shocking nature of the incident and calls for better training and oversight, the Attorney General’s Office concluded that there was insufficient evidence to prove the officers acted recklessly beyond a reasonable doubt.
Jones’s family, represented by attorney Kevin A. Luibrand, criticized the investigation and the decision not to charge the officers. They have filed a wrongful-death lawsuit against the village of Catskill, seeking accountability and justice for the tragedy.
Can I Sue The Police For Using A Taser?
If you have suffered injuries due to the unlawful use of a taser by police, you may have grounds to sue. It is crucial to demonstrate that the police officers’ actions considered excessive force and violated your civil rights.
Who Can You Sue for a Police For Using A Taser?
Depending on the circumstances, you may be able to sue:
- The individual officer: For acting beyond the scope of their authority or using excessive force.
- The police department: For failing to properly train officers or enforce appropriate use-of-force policies.
- Taser International: In rare cases, if the injury resulted from a defect in the taser device itself.
When Can I Sue The Police For Using A Taser?
You can sue the police for taser-related injuries if:
- The use of the taser was not justified under the circumstances.
- The officers failed to follow departmental policies or federal guidelines.
- The taser use resulted in severe injury or death that could have been avoided with reasonable care.
How Can I Sue The Police For Using A Taser?
To sue the police for taser-related injuries, follow these steps:
- Seek medical attention: Document your injuries and obtain medical records.
- Gather evidence: Collect any available evidence, such as video footage, witness statements, and police reports.
- Consult a civil rights attorney: An experienced attorney can help you navigate the legal process and build a strong case.
- File a complaint:Submit a formal complaint with the police department and relevant oversight bodies.
- Initiate a lawsuit: If the complaint does not result in satisfactory action, your attorney can help you file a lawsuit in civil court.
Why It’s Important to Sue to Hold Police Officers Accountable
A taser can be a huge problem for people of every age. If a police tases a minor, it can also be a huge complication. Therefore, suing for unlawful taser use is crucial for several reasons:
- Accountability: Legal action ensures that officers and departments are held accountable for their actions, particularly when they involve excessive force or misconduct.
- Policy Change: Lawsuits can lead to changes in departmental policies and better training, reducing the risk of similar incidents in the future.
- Justice for Victims: Victims and their families deserve compensation for the harm suffered, including medical expenses, pain and suffering, and other damages.
- Public Awareness: High-profile cases raise awareness about the misuse of tasers and the need for stricter controls and oversight in law enforcement.
By pursuing legal action, victims can help drive reform and ensure that justice is served, contributing to a safer and more accountable system of law enforcement.
Legal Considerations
If you’re trying to save yourself from police brutality and use of taser, you need to know your options. Several legal considerations must be taken into account when suing for taser-related injuries:
- Qualified immunity: Police officers often have qualified immunity, which can protect them from liability unless it can be shown that they violated clearly established law.
- Statute of limitations: There are time limits for filing lawsuits, which vary by jurisdiction.
- The burden of proof: You must prove that the officer’s actions were unreasonable and constituted excessive or deadly force.
What Damages Can I Recover From This Lawsuit?
If successful, you may be entitled to various forms of compensation, including:
- Medical expenses: Coverage for past and future medical bills related to your injuries.
- Lost wages: Compensation for lost income due to your inability to work.
- Pain and suffering: Damages for physical pain, emotional distress, and diminished quality of life.
- Punitive damages: In cases of egregious misconduct, additional damages to punish the responsible parties.
How an Attorney Can Help You in Cases of Unlawful Taser Use by Police
If you have suffered injuries due to the unlawful use of a tasers by police, seeking the assistance of an experienced attorney can be crucial to achieving a favorable outcome. Legal battles involving law enforcement officers can be complex and challenging, requiring specialized knowledge and expertise. Here’s how an attorney can help you in such cases:
- Expert Legal Advice: An attorney provides specialized legal advice tailored to your case, helping you understand your rights and the best course of action in a complex legal environment.
- Case Evaluation: A skilled attorney evaluates your case by reviewing evidence, police reports, and medical records, ensuring a strong foundation for legal action.
- Evidence Collection: Attorneys assist in collecting crucial evidence, such as video footage and witness statements, to build a robust case against unlawful taser use.
- Filing Complaints and Lawsuits: They handle the process of filing complaints with law enforcement agencies and initiating civil lawsuits, ensuring all documents are properly prepared and timely filed.
- Overcoming Qualified Immunity: Experienced police brutality attorneys know how to challenge the defense of qualified immunity, arguing that the officers’ actions were unreasonable and violated established law.
- Negotiating Settlements: They negotiate settlement offers to ensure fair compensation, aiming to resolve your case efficiently and satisfactorily without prolonged litigation.
- Pursuing Full Compensation: An attorney will seek full compensation for your damages, including medical expenses, lost wages, pain and suffering, and punitive damages.
- Holding Law Enforcement Accountable: By pursuing legal action, your attorney helps hold law enforcement accountable for their actions, promoting policy changes and preventing future misconduct.
Get Justice for Your Taser Injury – Contact BLG Today!
The unlawful use of tasers by police can result in severe injuries and significant legal ramifications. If you or a loved one has been injured due to taser misuse, understand your rights and legal options. By consulting with a knowledgeable civil rights attorney, you can hold law enforcement accountable and seek the compensation you deserve for your injuries. Understanding the complexities of taser use, abuse, and the legal framework surrounding it is the first step towards justice and recovery.
If you or a loved one has suffered severe injuries due to the unlawful use of a taser by police, don’t wait to seek justice. At BLG, our dedicated team of legal experts is here to help you navigate the complexities of your case and fight for the compensation you deserve.
Contact us today for a free consultation.
FAQs
Can you sue for being tasered?
Yes, you can sue for being tasered if the use of the Taser was unlawful or excessive. This could involve filing a lawsuit for police misconduct or personal injury.
What is the misuse of a Taser?
Misuse of a Taser includes using it excessively, using it on a compliant or non-threatening person, or using it in situations where non-lethal force is unnecessary. It also covers improper training and handling of the device.
How long does it take to recover from being tasered?
Recovery from being tasered typically takes a few minutes to a few hours. However, it can vary depending on individual health conditions and any potential injuries sustained during the incident.
How many times can you be tased?
There is no specific limit to how many times a person can be tased, but repeated use can increase the risk of serious injury or complications. Guidelines usually suggest limiting exposure to reduce health risks.
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