Not A Lawyer

But then again, maybe not. Tell me what you think.

Here’s another Taser issue to consider. There is a report on Live Leak today about how police officers are able to save people from committing suicide by shooting them with the Taser gun. Finally, one good use for the Taser.

Does it matter that this “news” is sponsors by the manufacturer of the Taser weapon? They have taken so much heat and bad press lately that it’s only natural that they would try to spin it back.

I don’t hate all police officers. I have a good friend who is a deputy and another who is a highway patrol. They are both good men. But I do have a general distrust of police. My friendship with these individuals doesn’t change what I feel in my heart. I’m glad they are in law enforcement, because it possibly cancels out two of the bad ones.. kind of. I know, that’s not really possible.

Anyway, I know most of you are sick to death by now of the Taser stories. And that may be a generous understatement, however, in the interest of balance I offer this story in which Tasers are not used inappropriately. The officers in these instances didn’t Taser babies, innocent citizens, mentally retarded people or invalids - instead they used the Taser to actually save lives.

That’s quite a spin, wouldn’t you agree?

My Previous Taser Related Posts:

Police Taser Use Out Of Control
Tell Me You Are Not Afraid Of Tasers
Taser Category

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For a while I have been reading the police use of Tasers articles and while it disgusts me, I have not really been afraid of actually being Tased myself.

For one thing, I rarely have any instances in which I interact with cops. I try not to break the law or give myself any reason to be around the police. Secondly, even though I don’t trust cops, if I do have an instance to be around them, I try to be respectful and not give them any reason to think I’m being difficult or obnoxious.

So, until reading this particular story, I wasn’t really frightened of the Taser. Now, I certainly realize that it absolutely CAN happen to anyone. And even further, these types of things are becoming more common and less the case of “isolated incidents.”

Consider this, and then tell me honestly and with a straight face that Taser use is not out of control.

Donnell Williams was in his own home, and had been bathing. He is a hearing impaired man.

So, there Mr. Williams was, in a towel and without his hearing aid when police barged into his home and Tased him.

Someone had falsely reported a shooting at his residence, so the cops forced their way into his home. When they began shouting orders at him, without his hearing aid he couldn’t hear them. As a result they shot him with the Taser gun.

When they realized their mistake, they apologized to Mr. Williams.

Here is the full story: Hearing Impaired Man Tasered By Police

So, are you scared yet? If not, I can’t figure out why not.

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I really don’t know when the Taser gun started being a standard issue item for police officers. I know that the Taser was invented in 1969. According to Wikipedia, they were introduced in police work as a less lethal alternative to guns.

Well, maybe. It seems that in the news we hear more and more about people dying from being shot by police with Taser guns.

One news report about one of three men in Canada who have recently died as a result of being shot with an electroshock weapon said over and over that he was resisting arrest and that the cops had to shoot him with the Taser weapon in order to subdue him.

So, now police can legally kill you if you resist arrest?

I remember in my study of torts in school there is an “eggshell skull rule.” It means that you take the victim, or plaintiff, as they come. That means that if you knock someone down and they happen to die because their head falls off or because of some other condition they had that you didn’t know about, it’s still your fault. Basically, if you cause much greater damage to a person through your negligence or intentional acts because of some unforeseen condition that they have, it makes no difference, you are still liable for whatever happens.

However, I think this must not apply to police actions. The way they use the Taser left and right, without knowing if someone could have a heart problem or some other medical condition seems quite reckless, but I have not yet heard of a successful lawsuit against the police for use of the Taser. Perhaps it’s just too early yet.

Does anyone know if police officers have special protection from the eggshell skull rule? If not, I would think that we will begin to see lawsuits about the use of the Taser and the deaths that have resulted from its use. Time will tell.

I think that some lawsuits and perhaps some stiff punitive damage awards might not be a bad thing if it slows down this liberal and seemingly indiscriminate use of the Taser gun.

In Ohio, a pregnant woman who was on the ground was shot with a Taser gun by a police officer because she refused to answer his questions and resisted being handcuffed.

The woman had arrived at the police station with her 1-year-old son in tow and asked the police to take custody of the child because she was tired of dealing with his father. When questioned, she refused to answer and just tried to leave with her child. The officer decided to detain her because he says that he feared that letting her leave with the child could have put the boy in danger.

So, as the officer grabbed her, she resisted him and ended up on the floor and resisted being handcuffed. She was wearing a winter coat, so the cop didn’t realize she was pregnant and pulled out his trusty Taser and shot her with it.

This officer remains on duty as the FBI investigates the case to determine if excessive police force was used. The police department says that they are also investigating the incident.

Meanwhile, the condition of the woman and her unborn child are unknown.

Here is the video: Pregnant Woman Tasered

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