QUESTION
Are police ever found to be abusive if they taser a person is already in handcuffs?
Asked on Jan 10th, 2013 on Personal Injury - New York
More details to this question:
I was drunk and pulled over. I was a smartalec to the officers. I was in handcuffs and refused to sit in the car unless they asked me nicely. Instead they tased me, directly over my heart. When the tasing was done, I still insisted they ask me nicely and was tased again. This time I believe it was a drive stun, directly over my heart. I later had a hard time breathing and my wife had to bring me my rescue inhaler. Before this happened the officers had been made aware that I was diabetic. Diabetics have an elevated risk of heart disease. These guys didn't care. I am wondering if this could be considered excessive and if there is any recourse on my part.
5 ANSWERS
Ronald A. Steinberg
No. They are protected by Governmental Immunity.
Answered on Jan 30th, 2013 at 11:27 PM
Most police departments have a rule prohibiting using a Taser on a handcuffed arrestee. You might want to check with the police department that employed the arresting officer. If what you say is true it's called punishment not law enforcement or in some countries it's referred to as torture.
Answered on Jan 24th, 2013 at 7:02 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Might be but your problem is 2 fold: people who are drunk don't make good witnesses. They don't remember very well. Those same people are not very popular with lawyers judges and jurors.
Answered on Jan 15th, 2013 at 2:25 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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Ouch. A word to the wise- cops with guns and tasers win over guys in handcuffs about 99.9% of the time. Especially since they will write the report, and you have no independent witnesses. If you were non cooperative, the question becomes what force was reasonable, and whether the cop should have wrestled you into the car. I think that would be a tough sell in front of a jury, especially when you were driving drunk to start with.
Answered on Jan 14th, 2013 at 5:27 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There is one case I know of where police were found to have used excessive force when they used a tazer unnecessarily. But, from the situation you describe, I doubt you will garner much sympathy.
Answered on Jan 14th, 2013 at 5:26 PM