Archive for the 'Appeals court' Category

USA – Louisiana: Immunity for Cops in Killing of Suicidal Man (2014-03-14)

Posted on March 14 2014 by admin

[[SUMMARY / COMMENTS: The taser dysfunctioned twice in attempts by police to stop a suicidal act, holding a knife above his head. “Officer Stephen McGree then fired three shots at Harris, killing him.” A 5th Circuit 3-person panel found the officers reasonably feared for their safety at the moment of the fatal shooting and are […]

USA – Appeals court: No new trial in Frederick County, Maryland Taser death (2014-01-08)

Posted on January 8 2014 by admin

[[SUMMARY / COMMENTS: Jarrel Gray died Nov. 18, 2007, shortly a police officer hit him twice with a Taser. A federal jury cleared the officer of wrongdoing in January 2012, finding that he did not use excessive force and that his actions did not cause Gray’s death. The family appealed unsuccessfully.]] Fredick News-Post, by Danielle […]

USA – California Federal Appellate Court Ruling On Tasers May Have Local Implications (2013-12-15)

Posted on December 15 2013 by admin

[[SUMMARY / COMMENTS: The 9th US Circuit Court of Appeals has issued a comprehensive ruling that limits the use of Tasers by police against low-level offenders who seem to pose little threat and may have mental illness. The specific case involves an emotionally disturbed individual who was shot with a Taser. He was described as […]

USA – Richmond, Virginia: Appeals Court Tosses $6M Verdict Against Taser (2013-11-25)

Posted on November 25 2013 by admin

[[ SUMMARY / COMMENTS : A federal appeals court has tossed out a more than $6 million award to the family of a North Carolina teenager who died after being shocked with a Taser. In 2008 17-year-old Darryl Wayne Turner died of cardiac arrest after a police officer fired the Taser twice, holding the trigger […]

USA – Tase Thy Neighbor: Will a single dissenting opinion end Judge Jacqueline Nguyen’s Supreme Court aspirations? (2103-09-18)

Posted on September 18 2013 by admin

[[SUMMARY / COMMENTS : A 9th court judge being mentioned as a fast-track candidate for the supreme court has provided an opinion in the recent case of Donald Blondin (see paragraph in italics), who in May 2008 was tasered simply for inquiring about the well being of his neighbor. The judge argued that the tasing […]

USA – Pittsburg, California Taser case damages award [$600,000] upheld (2013-03-02)

Posted on March 2 2013 by admin

[[Summary / Comments: A federal appeals court has upheld $250,000 in damages to a Pittsburg man, Frederick Jackson, who was shot three times by three police offciers and hospitalized after an angry and profane exchange with a police officer were judged to have retaliated against Mr Jackson for exercising his right of free speech outside a […]

USA – Washington State / Los Angeles: Police groups ask Supreme Court to overturn Seattle Police Dept. Taser ruling [that police could be charged for tasering pregnant woman] (2012-02-24)

Posted on February 24 2012 by admin

[[A legal challenge to taser abuse creates “increase[d] lawlessness or increase[s] injuries to suspects, officers, and the general public” … A federal appeals-court ruling allowing officers officers who repeatedly used a Taser on a pregnant woman : tasers were used directly on the woman, Malaika Brooks, three times in about 42 seconds after she refused […]

USA – North Carolina Court of Appeals rules stun guns are deadly weapons (2011-11-02)

Posted on November 2 2011 by admin

[[SUMMARY /COMMENTS: In an important decision, the the 3 judges on North Carolina Court of Appeals “ruled that a stun gun (an X26) “is a dangerous weapon that endangered or threatened Scott’s (victim) life.” The decision was ananimous.The case does not involve police use of tasers, but a woman who was tasered at a Walmart […]

USA – Hawaii: Judge’s Opinion absolves officers in use of Taser (2011-10-18)

Posted on October 18 2011 by admin

[[SUMMARY /COMMENTS: A federal appeals court ruled Monday that four Maui police officers are entitled to qualified immunity in a lawsuit over use of a Taser on a Wailuku woman during a domestic violence investigation five years ago. “It’s not over yet,” the woman’s attorney said. “All that’s been decided at this point is that […]

USA – Harris County, Texas to pay mother of dead Taser victim $3 million (2011-06-07)

Posted on June 8 2011 by admin

[[Summary / Comments : A settlement of $3-million against Harris County (pop. 4 million: it includes Houston) is confirmed on appeal  following the 2005 death of a schizophrenic man who “died from psychotic delirium and heart disease that was impacted during the restraint.”]] HOUSTON — Harris County will pay $3 million to a woman whose schizophrenic […]

USA – Judgment vs. Taser [in Salinas Heston conviction] reduced (2011-05-20)

Posted on May 22 2011 by admin

[[SUMMARY / COMMENTS: “Scottsdale-based Taser International Inc. said Friday a federal appeals court significantly reduced the amount of money a jury ordered the company to pay following a 2008 lawsuit over the use of one its stun guns.” But they were still held liable, meaning their claim to non-responsibility was rejected. “Doug Klint, Taser’s attorney, […]

USA – Verdict in Taser Wrongful Death Lawsuit Upheld on Appeal (2011-05-18)

Posted on May 18 2011 by admin

[[SUMMARY / COMMENTS: “A federal appeals court has upheld a verdict against Taser International, Inc. in a wrongful death lawsuit filed by the family of a man who died after police in California shocked him with the company’s stun gun for 75 seconds. The Ninth Circuit Court of Appeals refused to vacate a jury’s decision […]

USA – Alaska Supreme Court Overturns Excessive Force Taser Case [man tasered 15 times on own house when handcuffed] (2011-04-29)

Posted on April 30 2011 by admin

[[SUMMARY / COMMENTS: “In a recent opinion, the Alaska Supreme Court reversed a Bethel Superior Court’s prior decision to prevent a lawsuit against the City of Hooper Bay and a couple of its police officers to proceed to jury trial on the basis of qualified immunity. The lawsuit will now be heard: it is Thomas […]

USA – McKENNEY v. HARRISON: 8th Circuit judge summarizes the legal problems of taser-related lawsuits (2011-03-28)

Posted on April 2 2011 by admin

[[SUMMARY / COMMENTS: An 8th District appeals court judge presents a statement on numerous legal problems raised by tasers. This is more than “legalese” and through what he wrote, one can see that TASER Inc. and police forces are very close to facing serious legal sanctions. We have placed certain key elements IN BOLD. We […]

USA – Robert Anglen (Arizona Republic): Judge rules for Taser in cause-of-death decisions (2008-05-07)

Posted on March 21 2011 by admin

[[SUMMARY / COMMENTS: This key article – by the best reporter on tasers, bar none – describes clearly how TASER Inc. has developed a procedure not only to influence medical examiners to not mention tasers as a cause of death when death follows discharges, but, in case they do, to get judges to change autopsy […]

AUSTRALIA – Court of Appeal quashes Kevin Spratt conviction (2011-02-24)

Posted on February 24 2011 by admin

[[SUMMARY / COMMENTS: “Wrongful conviction against Taser victim Kevin Spratt has been quashed by the Court of Appeal after horrifying footage showing nine police brutalising the 41-year-old Aboriginal man was made public.”] A wrongful conviction against Taser victim Kevin Spratt has been quashed by the Court of Appeal after horrifying footage showing nine police […]

UK – Northern Ireland, A shock court decision – children not targeted by tasers? (2011-02-15)

Posted on February 15 2011 by admin

[[SUMMARY / COMMENTS: “An 8-year-old child applied to bring a claim, which included a challenge under Article 2 of the European Convention on Human Rights (the right to life), to the decision by police to introduce tasers in Northern Ireland.” Lawyers argued before the Northern Ireland high court that children are vulnerable in relation to […]

USA – TASER Inc.: The Institute for the Prevention of In-Custody Deaths, Inc. (IPICD) : History and General Information [in its own words] (2010-06-21)

Posted on February 12 2011 by admin

[[SUMMARY / COMMENTS: This is how the Institute for the Protection [sic] of In-Cusdtoy Deaths (IPICD) presents its historical root. Thnk-tank, Training Institute or Boot Camp? Academic / training conference by invitation only. Excited delirium: discovered in 1849! Lost until 1970s! Revived to fit a real need: explaining the deaths of suspects after they are […]

CANADA -TASER Inc. fires back in lawsuit by Winnipeg teenager’s family, refutes autopsy linking death to stun gun (2011-02-09)

Posted on February 9 2011 by admin

[[SUMMARY / COMMENTS:  The medical examiner’s report in the case of  Michael Langan was clear: “cardiac arrhythmia (ventricular fibrillation) due to deployment of electronic control device.” TASER counsel is contesting this conclusion, demanding … “At all material times, Taser designed its ECDs to deploy a conductive energy pulse designed to cause neuromuscular incapacitation so as […]

USA & TASER Inc. – 9th Circuit hears 2 big ECD cases (2011-01-28)

Posted on January 28 2011 by admin

[[SUMMARY / COMMENTS: Readers should note the source: TASER Inc. has approved this report. The magazine PoliceOne here clearly identified as “sponsored” by TASER Inc.  The 9th circuit is a US major juirisdiction. Author Greg Banks gives the most Taser-positive report on complex legal disputes on two still-to-be-resolved cases involving (1) “a pregnant woman who […]