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Case focus
Federal Civil Rights Litigation
Tasers were introduced as a less-lethal alternative to firearms. But when officers deploy them against restrained, compliant, or medically vulnerable individuals, they become instruments of unconstitutional excessive force.
Proof track
Taser used on a compliant, restrained, or non-threatening individual.
Multiple taser applications — "drive stun" mode used as pain compliance.
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01
When Taser Use Becomes Excessive Force
The Fourth Amendment prohibits the use of unreasonable force by law enforcement. Whether a taser deployment constitutes excessive force depends on the totality of the circumstances, including:
- The severity of the crime at issue
- Whether the subject posed an immediate threat to the officer or others
- Whether the subject was actively resisting or attempting to flee
Under the Tenth Circuit's analysis following Graham v. Connor, 490 U.S. 386 (1989), taser use against an individual who is not resisting, is already restrained, or is experiencing a medical or mental health crisis is presumptively unreasonable.
02
High-Risk Taser Scenarios We Investigate
- Drive-Stun on Restrained Individuals: Using the taser in direct-contact "drive stun" mode on a person who is already handcuffed or restrained. This serves no legitimate purpose and functions as punishment.
- Repeated Deployments: Officers deploying multiple taser cycles — sometimes five, six, or more — on a single individual. Each 5-second cycle carries cumulative cardiac and respiratory risks.
- Excited Delirium Situations: Individuals experiencing mental health crises or acute behavioral disturbances. Taser use in these situations carries heightened cardiac arrest risk.
- Taser Use in Jails: Detention officers using tasers for compliance or punishment against inmates who pose no physical threat.
- Taser Deaths: Cardiac arrest or respiratory failure following taser deployment, particularly when combined with physical restraint.
03
Evidence in Taser Cases
- Taser Download Data: Every modern taser logs deployment data — date, time, duration, number of cycles. This data is stored in the device and can be downloaded.
- Body Camera Footage: Did the officer activate their body camera? Does the footage show compliance or resistance at the moment of deployment?
- Use of Force Reports: What justification did the officer document? Does it match the video evidence?
- Medical Records: What injuries resulted? Were there burns, cardiac events, or falls caused by neuromuscular incapacitation?
- Department Policy: What does the department's use-of-force policy say about taser deployment? Was the policy followed?
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