Taser First, Ask Questions Later
Monday, December 10th by Robert LoblawCasey v. City of Federal Heights, 06-1426 (10th Cir., Dec. 10, 2007)
From a Tenth Circuit decision today:
Edward Casey went to the Federal Heights, Colorado, municipal courthouse to contest a traffic ticket. After losing his case, he walked to the parking lot to retrieve money from his truck to pay the fine, carrying with him the court file. On his way back to the courthouse he was grabbed, tackled, Tasered, and beaten by city police officers.
Casey may have committed a misdemeanor offense by removing the file from the courthouse over the court clerk’s protests. Still, isn’t Tasering a bit excessive? The district court didn’t think so, as it granted the cops’ motion for summary judgment on Casey’s Fourth Amendment claims.
On appeal, however, the Tenth Circuit reverses. The Court is particularly troubled by the fact that the officer who Tasered him did so without warning or provocation, at least according to Casey. The Court concludes that a reasonable jury could find that the officer’s decision “to shoot first and ask questions later” violated the Fourth Amendment.
December 11th, 2007 at 9:57 am
Any chance for a cite or link for this?
Cheers!
December 11th, 2007 at 10:24 am
Oh yes, that would be helpful, wouldn’t it . . .
December 11th, 2007 at 10:53 am
Alert reader roundup…
A bunch of alert readers direct me to things. Remember folks, without alert readers, life would be nasty, brutish and short. If you are not an alert reader, most of America’s problems are due to you. So, here goes: An…
December 11th, 2007 at 1:41 pm
Best quote from the opinion:
“We have located no case in which a citizen peacefully attempting to return to the courthouse with a file he should not have removed has had his shirt torn, and then been tackled, Tasered, knocked to the ground by a bevy of police officers, beaten, and Tasered again, all without warning or explanation.”
In some Court of Appeals, that would be enough for a finding of liability! Darn activist 10th Circuit.
December 11th, 2007 at 1:41 pm
Er. I should say for a finding of /no/ liability.
December 12th, 2007 at 4:17 am
[…] Decision of the Day - December 10, 2007: Casey v. City of Federal Heights, 06-1426 (10th Cir., Dec. 10, 2007) […]
December 12th, 2007 at 5:18 am
Another “Jackboot + Taser” Travesty…
Taser first and ask questions later?Edward Casey went to the Federal Heights, Colorado, municipal courthouse to contest a traffic ticket. After los……