One of the most common lawsuits filed against officers is for abusive and unnecessary tasering. A taser –also known as a stun gun- is a nonlethal weapon which police officers carry around, and utilize, in order to stun the individual whom they are trying to arrest.
The court generally allows tasers to be used in the following conditions:
- When the suspect is acting aggressively
- When the suspect is resisting arrest and backup has not arrived yet
- When the suspect refuses to comply with the officer’s words
Tasers are basically allowed to be used if the officer feels like he or she needs to defend themselves and others in the area. An officer is first supposed to try and detain a person with their words if that does not work and the suspect is openly acting in a disoriented or aggressive manner then they are allowed to use their nonlethal weapons such as tasers- to try and get the person under control and make the area safe again.
Under what conditions are tasers not allowed to be used?
Police officers are generally not allowed to use a taser if:
- The suspect is not posing any danger
- The suspect is complying to their commands
- There is no fear for personal safety or the safety of others
- The suspect is clearly helpless and unarmed
If a police officer has used a taser during their arrest and the victim feels like the use was unnecessary or excessive they should call a police brutality attorney in Jackson, MS in order to make a legal claim against the officer. Once the claim is made, the court will decide whether the usage of the taser was excessive or if it was acceptable.
Some factors which the court will examine include:
- The severity of a person’s injuries
- Whether a person was informed by the officer that they would be hit with a taser or not
- Whether there was any other form of abuse involved by the officer or not
- If the suspect was acting aggressively
- If the suspect was detained and subdued when they were hit
- If the suspect attempted to flee the officer
Naturally, the more compliant a person was and the more severe the injuries they faced were, the more chances they will be able to get compensation for their pain. A police brutality attorney can guide a person on the correct course of action to follow in order to gain attention from the court.
In cases of police brutality, the evidence is extremely important. The more evidence a person and their attorney are able to present in court, the more chances that the officer will be penalized for their actions. The attorneys at Malouf & Malouf PLLC are experienced when it comes to dealing with cases of police brutality and can assist a person in getting the appropriate justice they deserve. Whether a person was abused during a justified arrest or a person was falsely arrested and abused by an officer a lawyer will be able to help with the legal process.