Tasers and Liability

A federal appeals court in California has sent a strong warning to law enforcement officials that should make them rethink the all-too-common use of Tasers. It ruled last week that a police officer can be held liable for delivering a high-level electric shock to an unarmed person who poses no immediate threat.

Carl Bryan, 21, was driving to his parents’ home in Southern California when he was stopped for speeding. On the same trip, he was pulled over for not wearing a seat belt. Angry at facing a second traffic citation, he hit the steering wheel and yelled expletives to himself. He then stepped out of the car. There is some disagreement over what happened next — the officer said Mr. Bryan took “one step” toward him, while Mr. Bryan said he did not take any. It is undisputed that Mr. Bryan, who was not armed, did not verbally threaten the officer and was not attempting to flee.

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This is a Jan. 4 New York Times editorial. Tom

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