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Striking the man's arm several times also had little effect. After several attempts, during which the driver was unable to follow directions, he began to walk away towards his truck. The man fled from the scene and an additional officer responding to the scene had to stop his car to avoid hitting him when the man ran in front of the vehicle. The court also reasoned that stun guns were "dangerous per se at common law and unusual" because they were a modern invention, and that "nothing in the record to suggest that [stun guns] are readily adaptable to use in the military." The U. Supreme Court vacated that decision, stating that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding," and that it had previously rejected the argument that "only those weapons useful in warfare are protected" by the Second Amendment. The pursued car later stopped and several individuals were seen exiting it. The plaintiffs also failed to show a pattern of deaths resulting from the supposed inadequate training. The trial court rejected a motion for a new trial, disagreeing with arguments that the jury's verdict was against the weight of the evidence, or at odds with applicable law.
An officer placed herself on the man's legs because he was kicking. The officer told him that he was not free to leave, but the driver started to run. Officers repeatedly asked the man to give them his hands, but he refused, swore at them, placed his hands under his body on the ground, and threatened to kill them. The case involved a woman with an abusive boyfriend who found that protective orders she obtained proved futile so she accepted a stun gun from a friend to protect herself and when she brandished it, the ex-boyfriend got scared and left her alone. An officer hit one of the fleeing men, who was running, with his car. The defendant officer in this case was the first trained officer in the city whose actions resulted in the death of a suspect when a Taser was deployed to the suspect's chest.
The trooper fired a Taser in the dart mode in his chest. State law negligence and assault claims were made, as well as federal civil rights claims for excessive force. He let go of the chair and began to sit back down again, but before he was completely seated, an officer shot him with a Taser in the dart mode, causing him to fall to the floor. For additional discussion of the facts of the case, see the earlier magistrate's report and recommendations, which were adopted in whole by the trial judge. The man reached again for the gun, and the officer shot him a fourth time, causing him to collapse and die. They followed him to his home, where he was found hiding in a bedroom closet. A vehicle was stopped at night at a DUI checkpoint. A man who stole a car led police on a chase, crashed the car, and started running into lanes of traffic on an elevated bypass. The court also addressed a defendant's motion to try to exclude testimony by the plaintiff's expert witness on the scientific operation and effect of how a Taser works and its impact on the body. The motion to dismiss did not challenge the claims for unconstitutionally excessive use of force by the officers. Even if the force used were ruled to be excessive, the court added, the officer would be entitled to qualified immunity in these circumstances, as he violated no clearly established case law. Remaining claims are for excessive force against the officers, for bystander liability, and for state law assault and battery as well as infliction of emotional distress. The court placed little credence in the woman's claims of a broken rib or liver damage from the incident, as there was no supporting medical evidence, and the plaintiff seemed to testify at her deposition that doctors had "hid" these injuries from her. He claimed that an officer punched him in the face without provocation and that he then yelled for help, after which an officer yelled "Taser," and he was then paralyzed by the Taser, fired in the dart mode, and fell to the ground, where he was allegedly punched and kicked, and the Taser was again applied to his left butt cheek. A car passenger suffered a traumatic brain injury when he fell after a Taser was used against him in the dart mode during a traffic stop, striking his head. A pursuit ensued, with the driver running a red light, crossing the center line of the road, and making a U-turn to evade the officer. The court found that no reasonable jury could find the use of the Taser excessive in these circumstances, and that the defendant was, in any event, entitled to qualified immunity. He required no medical attention at the scene, but was taken to a hospital, where he was involuntarily committed to the psychiatric unit and was observed for several days. His hand movements also allegedly became agitated and violent. It was disputed whether he was repeatedly ordered or only told once and whether or not he was told that he was under arrest or warned that a Taser would be used if he did not comply. The officer approached the passenger side of the vehicle, but the passenger disappeared for a second or two and the officer could not see his hands as he approached. He was sent to a disciplinary housing unit where a chemical spray was allegedly used on him to get him to submit. He was noncompliant with orders to put his hands behind his back. While it was not visible, it was on his right side under his clothes. Officers arriving on the scene told the driver to stay down, but he got up and ran towards his overturned motor scooter. Unknown to the officers, a state police vehicle parked behind their recorded the incident on videotape from a dash camera. Several blocks later, a pursuing officer tackled him to the ground, and was soon joined by another officer assisting him. RESTRICTIVE: Officers who used a Taser in stun mode against a suspect believed to be under the influence of cocaine were not entitled to qualified immunity. A bar/restaurant owner talked to two officers about his female employees' complaints about their alleged sexual harassment, and threatened to file a formal complaint if it did not cease. Officials at a county jail were scanning all detainee's fingerprints for biometric access to the commissary. A team of five to six prison guards forcibly extracted a Pennsylvania prisoner from his cell, where he had been exhibiting erratic and threatening behavior. The woman started recording the incident with her cell phone. Prior precedent put the officer on fair notice that the force he used against the arrestee under the alleged facts of the case was unconstitutionally excessive. Backup officers arrived, and the driver was handcuffed. He further alleged that another correctional officer then fired a Taser at him in the dart mode while he was "already on the ground fighting for [his] life in a pool of water." The second officer allegedly told him that he had been trying to fire the Taser at the other prisoner. One fired a Taser in the dart mode at him from five or six feet away, after warning him to place his hand behind his back or get Tasered.
He collapsed and was handcuffed, but the cuffs were removed shortly to perform CPR on him. In addition to other claims, the plaintiff asserted a disability discrimination claim, arguing that the troopers failed to reasonably accommodate the decedent's disabling condition when they failed to leave the area and leave him alone as they had been requested to do. Claims against a city police department and a county sheriff's department were dismissed, as they were not separate entities that could be sued and the plaintiff had also sued the city and county, which remained defendants. In a high-crime area, a deputy conducted a nighttime traffic stop of a vehicle that had dark tinted windows. A tactical narcotics officer was ordered to attend a Taser training and certification exercise. He later pled guilty to menacing in the second degree. The plaintiff claimed that the initial use of the Taser was excessive because the man was simply walking towards the officer in compliance with his commands when the Taser was used, and that this led to the circumstances that caused the man's death. The plaintiff claimed that he immediately put his hands in the air and did not attempt to escape or resist arrest. An officer detected an odor of alcohol when the car window was rolled down. An officer verbally warned him to stop or a Taser would be used. The officer claimed that the Taser darts did not connect, while the plaintiff argued that the Taser immobilized him and caused him to fall 40 feet, suffering serious and permanent injuries. This expert had 43 years of experience in law enforcement. The plaintiff's characterization of her actions as "pacing in her backyard and speaking Polish to herself was termed a "rather benign and charitable description" by the court, which found it starkly contradicted by several witnesses and even by some of her own admissions. The officers claimed that the man had refused to take the breathalyzer and kept making a disturbance in the street, trying to walk away when informed that he was being arrested for DUI and swinging at an officer, as well as kicking another. An officer suspected him of carrying drugs, based on a tip. Officers came to a storekeeper's business to arrest him on a bench warrant for failing to appear in court. When the driver turned into an apartment complex, he was knocked off the scooter by a cable blocking the entrance. Aside from minor puncture wounds from the barbs of the Taser, he required no medical treatment from the hospital staff. The court concluded that "no reasonable jury could conclude that the initial use of the Taser ... A Taser was used on him first in the stun mode and then in the dart mode, with two activations. The passenger complied with orders to step out of the car and put his hands on the car trunk. He was placed in a restraint chair, and when he would not release his fingers from a closed fist position so his fingerprints could be obtained, a Taser was used in the stun mode three times until his fingerprints were scanned. A Taser was deployed in the dart mode, allegedly as soon as he put his hands up and stated that he had a gun, although the officers claimed that he had pulled the gun out and was holding it in his hand. An officer took him to the ground and tried to handcuff him, but he resisted. An excessive force lawsuit claimed that the use of the Taser was without provocation, and that the videotape supported the plaintiff's version of events. While the officers attempted to handcuff the suspect, they observed him place a clear plastic bag into his mouth which they believed contained drugs. An officer's use of a Taser in stun mode against the back of a 73-year-old man who was being uncooperative about placing his hands behind his back to be handcuffed was proportionate and reasonable. The court believed that they should not have used the Taser against him, as the four officers present were sufficient to restrain the suspect without use of the Taser. The officers allegedly then began a campaign of harassment against the business and its patrons in retaliation, including an officer aggressively and without provocation deploying a Taser on a patron who was on the ground. One prisoner refused on the basis that he had a religious objection and did not have commissary privileges. He was handcuffed and led by the guards towards an observation cell. She retreated inside her home, while continuing to record. An officer who was not reappointed to his job claimed that he was terminated without due process in violation of the Fourteenth Amendment and the Pennsylvania Police Tenure Act. The trial court found that the officer could reasonably arrest the driver for the equipment violation and for obstruction of justice. The plaintiff prisoner argued that there was no reason for the second officer to use his Taser on the other inmate who was unconscious and lying at least five feet away from him. The Taser misfired, so a second officer drew his Taser and also fired in the dart mode, hitting his middle to upper back area and activating it for five seconds. The officers' version of the incident was undisputed, as the plaintiff did not recall what happened.
As to the final shot however, there was a triable issue, as the decedent had already been shot in the abdomen, back, and right hand, was on the ground, but allegedly retained possession of his knife and was in the process of pushing up from the ground. While the man at first complied, he then stood up and asked the trooper "Why don't you just go ahead and shoot me? RESTRICTIVE: A DUI arrestee was being processed at a police station. The officer fired two rounds into the man's chest from a distance of two inches. The witness had a scientific specialty of bioelectricity or the interaction of electricity and the body. The officers approached him, screamed at him to stop moving, and activated the Taser once more. The court found that no jury could reasonably find the force used to be excessive, given the man's drugged condition, the possibility that he was armed (there had been earlier reports of gunshots fired), and the fact that he kept his hands in his pockets and if in fact he had been armed, was well within range of discharging a weapon at or into homes on both sides of the street. The plaintiff also failed to show how two defendant police chiefs directly caused his injuries. She was warned to back away from the gate or a Taser would be used, but refused to comply. He was very irate and kept yelling and swearing, and seemed intoxicated. The suspect ignored orders not to move, backed away, turned away, and started to walk away quickly. Despite having been Tasered, the man remained standing, and his body tensed up. An officer said he would run a check to see if she had a valid license, and would be let go with a verbal warning if it checked out. A male passenger questioned the reason for the stop. Springdale Borough Officials at a county jail were scanning all detainee's fingerprints for biometric access to the commissary. Officers came to a storekeeper's business to arrest him on a bench warrant for failing to appear in court. When the driver turned into an apartment complex, he was knocked off his vehicle by a cable blocking the entrance. An arrestee was Tasered in the stun mode twice by local police after being pulled out of the back seat of the vehicle. Officers observed what they believed was a hand-to-hand drug transaction taking place. The Taser was only used after "repeated entreaties and warnings by the officers, and after the arrestee's "continued verbal and physical refusals." The force was used for the sole purpose of placing the arrestee into the police car, and succeeded in gaining her compliance. There was also allegedly an issue of the neighbor having accused a member of the family of spitting at her, which the family denied. A federal appeals court denied qualified immunity to the officer on an excessive force claim. The officer claimed that the driver had exited his vehicle in an aggressive manner, with his fist balled, advancing towards the officer's car yelling, and telling him that he was under arrest, pointing his Taser at him when he disobeyed orders to return to his truck. The patron started and then stopped walking away, turned around, and assumed what the officers described as a "bladed stance" with his non-dominant foot to the rear, his hands at his side, which was characterized as a fighting stance.