In what could be considered a landmark ruling on the police use of Tasers, a federal court of appeals issued a strongly-worded judgment this week blaming a Coronado police officer for using excessive force when he shot the device at an unarmed, noncombative motorist during a traffic stop in 2005. The ruling by the U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, means officers can be held liable for their use of Taser weapons and allows the driver, Carl Bryan, to continue to pursue his lawsuit against the Coronado officer. “It really is the first decision that makes a comprehensive survey of case law, as well as good discussion of exactly how to categorize the use of the Taser in the continuum of force,” said Gene Iredale, Bryan’s San Diego-based attorney. The appeals decision, written by Judge Kim McLane Wardlaw, describes the officer’s use of the Taser as “unconstitutionally excessive and a violation of Bryan’s clearly established rights.” “The physiological effects, the high level of pain, and foreseeable risk of physical injury leads us to conclude that the X26 (Taser) and similar devices are a greater intrusion than other nonlethal methods of force we have confronted,” the judge wrote. The ruling has attracted the attention of local law enforcement agencies, including the San Diego County Sheriff’s Department, which will review the case in the coming weeks to see if policies on Taser use need to change. Coronado Police Chief Lou Scanlon said yesterday ?that the department’s Taser policies have evolved since the incident, and they currently comply with the court ruling, including considering the use of Tasers more serious when compared with other nonlethal weapons and, when possible, warning people before they are about to be shot using a Taser. “But we certainly reviewed our policy after the court decision to make sure we were in compliance,” said Scanlon, who stressed that the case has not been to trial and much of the officer’s side of the story has not been presented in court. Read the entire Union Tribune article here.
