Police Use of Taser Must Be Justified by Compelling Government Interest

In Bryan v. McPherson, published December 28, 2009, the Ninth Circuit concluded that a police officer’s use of a taser on a suspect is an "intermediate" use of non-lethal force that must be justified by a government interest that compels employing such force.

The court concluded that, under the circumstances, the use of a taser on an agitated driver who was stopped for not wearing a seatbelt, who was wearing only boxer shorts and tennis shoes, and who followed all of the officer’s commands (except the command to stay in the car) violated the 4th Amendment; and that the officer was not entitled to qualified immunity for that use of force.

Comments

[M. Lasster]

This was reversed in June 2010 and qualified immunity was granted.