In what appears to be a case of first impression nationwide, the 9th Circuit has ruled that the use of tasers and similar devices must be justified by a strong government interest that "compels" the employment of such force. The ruling found that Coronado, Calif., Police Officer Brian McPherson may have used too much force to subdue Carl Bryan and can be sued for damages. McPherson tasered Bryan when he was pulled over for a seat belt infraction and got out of his car crying and yelling gibberish.
December 30, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Carl Bryan probably thought things couldn’t possibly get worse one summer day in 2005: His car keys had been accidentally taken by a relative’s girlfriend, he was cited for speeding after driving across town to retrieve them, and then later got pulled over for not having his seat belt secured.
After all that, Bryan got tasered while having an emotional meltdown over the seat belt infraction, fell flat on his face and broke four teeth.
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