Appeals Court Ruling Curbs Use of Tasers
LOS ANGELES, Dec. 30 (UPI) -- A ruling that a California police officer can be held liable for Taser-related injuries will force reviews on stun gun use, a police conduct expert said.
Experts said the 9th U.S. Circuit Court of Appeals ruling, if it stands, would set precedent for when police could use Tasers and force departments in California, and possibly nationwide, to revise policies governing Taser use, the Los Angeles Times reported Wednesday.
Michael Gennaco, a police conduct expert who has reviewed stun gun use for the Los Angeles County Sheriff's Department, said Monday's ruling bars officers from using Tasers in a variety of situations, limiting their use to instances when a person poses an obvious danger.
"This decision talks about the need for an immediate threat," Gennaco told the Times. "Some departments allow Tasers in cases of passive resistance, such as protesters who won't move (which) is out the door now with this decision."
The three-judge panel's unanimous ruling arose from a 2005 encounter between a former Coronado, Calif., police officer who stopped a man for not wearing a seat belt while driving. The man sustained injuries and lost several teeth when he struck the ground after being Tasered by the police officer.
The appellate court did not rule on whether the police officer acted appropriately, but cleared the way for a civil case against the officer and the city of Coronado in a lower court, the Times said.
In their decision, the judges established legally binding standards about where Tasers fit in the types of force available to police officers and spelled out guidelines for their use.
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