Thursday, September 29, 2016

Repeated Tasering Was Excessive Force

Perea v. Baca, 817 F.3d 1198 (4/4/16) (N.M.) (Published) - The 10th upholds the district court's refusal to dismiss a ยง 1983 lawsuit, holding Albuquerque police officers' repeated tasering and resultant killing of Mr. Perea in 2011 after he was subdued constituted excessive force. Officers stopped Mr. Perea for pedaling his bicycle through a stop sign without stopping. They chased him and then pushed him off his bike without explaining why they were chasing him. They struggled with Mr. Perea while he thrashed about with a crucifix in his hand. Judge Brack determined Mr. Perea's holding of the crucifix did not mean he was "armed." [Good news for Christians]. The officers tasered Mr. Perea 10 times within two minutes. It is clearly not reasonable to repeatedly use a taser against a subdued arrestee officers know to be mentally ill, whose crime is minor and who poses no threat to the officers, the 10th concludes.