The Coronado cop who subdued a traffic violator with a taser may be sued for damages by the boxer-clad, angry young man, a state appellate court has ruled. The ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals published Monday involved officer Brian McPherson who had pulled over motorist Carl Bryan for a seat belt infraction in the summer of 2005. Bryan, 21, is suing in federal court, alleging the use of force was excessive and violated his constitutional rights. A San Diego judge had upheld the man’s claim against the officer, while ruling the city of Coronado and the police department had immunity. In issuing the opinion, the court acknowledged Bryan’s day was off to a bad start. After a stay in Camarillo with his brother and cousins, his cousin’s girlfriend had accidently taken Bryan’s keys to Los Angeles the previous day. “Wearing the t-shirt and boxer shorts in which he had slept, Bryan rose early, traveled east with his cousins to Los Angeles, picked up his keys and returned to Camarillo to get his car and brother,” in order to take him to their parents in Coronado, according to the court’s recap. En route, the Highway Patrol cited Bryan on the 405 freeway for speeding, causing him to begin “crying and moping,” according to the court. Bryan took off his t-shirt in order to wipe his tears. Bryan encountered McPherson after crossing the Coronado Bay Bridge. When the officer motioned him to pull over, the motorist realized he had neglected to fasten his seat belt after the earlier encounter with law enforcement. In a fit of anger, reportedly at himself, Bryan pulled to the curbside, hitting his steering wheel and uttering curses. He then left the vehicle, wearing only his boxer shorts and tennis shoes. With Bryan “yelling gibberish and hitting his thighs,” McPherson testified in court he told the man to remain in his vehicle, yet the irate motorist took a step toward him. The court notes there is some question as to whether Bryan heard the officer, he denied taking the step and some evidence suggests he was facing away when McPherson fired his Taser X26 gun at him. The electrical current caused him to fall face first to the ground, breaking four teeth and scraping his face. Read the entire Examiner.com article here.
