Here's the opening paragraph from yesterday's important Ninth Circuit opinion affirming the denial of qualified immunity for an officer who used a taser during a traffic stop in Bryan v. McPherson, which was authored by Judge Wardlaw, and joined by Judges Pregerson and Reinhardt:
Early one morning in the summer of 2005, Officer Brian McPherson deployed his taser against Carl Bryan during a traffic stop for a seatbelt infraction. Bryan filed this action under 42 U.S.C. § 1983, asserting excessive force in violation of the Fourth Amendment. Officer McPherson appeals the denial of his motion for summary judgment based on qualified immunity. We affirm the district court because, viewing the circumstances in the light most favorable to Bryan, Officer McPherson’s use of the taser was unconstitutionally excessive and a violation of Bryan’s clearly established rights.
Today's Sacramento Bee calls it "one of the most comprehensive rulings yet limiting police use of Tasers against low-level offenders who seem to pose little threat and may be mentally ill." The Bee also notes
There have been at least nine Taser-related fatalities in the Sacramento region, including the death earlier this month of Paul Martinez Jr., an inmate shot with a stun gun while allegedly resisting officers at the Roseville jail.
See My Blog's Taser link for my other Taser posts.