To start, the Court had to view the facts of the case in the light most favorable to the plaintiff because it was an appeal from a motion for summary judgment based on qualified immunity. Basically, the Court concluded the following plaintiff’s version of the facts:

• Plaintiff was not an immediate threat.
- he was unarmed (wearing only boxer shorts and tennis shoes)
- he did not level a threat at the officer
- he was standing 15-25 feet away from the officer and not advancing
- he was, at most, a disturbed and upset young man, not an immediately threatening one
- he was not facing the officer when he was hit with the TASER ECD in probe mode

• His conduct did not constitute resistance at all.

• He was not a flight risk.

• He was not a dangerous felon.

• He was stopped for a seat-belt violation.

• Officer failed to warn that he would be shot with a TASER ECD if he did not comply.

• Officer did not consider what other tactics, if any, were available to effect the arrest.

• Officer failed to consider less-intrusive alternatives (e.g. waiting for approaching backup).

Also, the Court noted that “[t]he government has an important interest in providing assistance to a person in need of psychiatric care; thus, the use of force that may be justified by that interest necessarily differs both in degree and in kind from the use of force that would be justified against a person who has committed a crime or who poses a threat to the community.” Non-legalese interpretation: Justifiable use of force standards for mentally-impaired persons are different than for others who are not mentally-impaired.

Based on that and for the specific facts of this case, the Court determined that the level of force used by the officer was excessive. Specifically, it said, “the intermediate level of force employed by Officer McPherson against Bryan was excessive in light of the governmental interests at stake. Bryan never attempted to flee. He was clearly unarmed and was standing, without advancing in any direction, next to his vehicle. Officer McPherson was standing approximately twenty feet away observing Bryan’s stationary, bizarre tantrum with his X26 drawn and charged. Consequently, the objective facts reveal a tense, but static, situation with Officer McPherson ready to respond to any developments while awaiting back-up. Bryan was neither a flight risk, a dangerous felon, nor an immediate threat. Therefore, there was simply “no immediate need to subdue [Bryan]” before Officer McPherson’s fellow officers arrived or less-invasive means were attempted.”

Another important point from this ruling is that the court held that while the TASER X26 is a non-lethal use of force, it is an “intermediate or medium, though not insignificant”, use of force due to the incapacitation and pain it causes and the risk of secondary injuries from falls. “We recognize the important role controlled electric devices like the Taser X26 can play in law enforcement. The ability to defuse a dangerous situation from a distance can obviate the need for more severe, or even deadly, force and thus can help protect police officers, bystanders, and suspects alike. We hold only that the X26 and similar devices constitute an intermediate, significant level of force that must be justified by ‘a strong government interest [that] compels the employment of such force.’”

The Court used a Fourth Amendment constitutional standard established in Graham v. Connor to determine that the TASER X26 use in this case was excessive force. Three core factors were evaluated to come to this conclusion: “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.”  In the Bryan case, the need for force was “at its lowest” – the target was a nonviolent, stationary, and twenty feet away. Additionally no warning was given before discharging the TASER ECD and other, less intrusive alternatives were not considered.

In conclusion, while the Court’s decision further analyzes use of an ECD, the holding does not establish new law for use of an ECD apart from applying it to the specific facts of this case. The court’s opinion is a good reminder that:

• ECDs are not risk free and officers need to consider the risk of secondary injuries from incapacitation and falls in determining when and how to deploy an ECD.

• ECDs, while non-lethal, are an ““intermediate or medium, though not insignificant” use of force and every trigger pull must be justified as a separate use of force.

• In any Fourth Amendment force analysis, an officer must consider the totality of the circumstances, including “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.”

• When circumstances allow, giving a warning and an opportunity to comply is very important prior to discharging an ECD.

• An officer must consider what other tactics if any were available to effect the arrest, and other less intrusive tactics that would have been available to effect the arrest and be able to articulate them in an arrest or force report.

• An officer must ensure that commands are clear, are being heard and the suspect has the opportunity and ability to respond.

• The government has an important interest in providing assistance to a person in need of psychiatric care; thus, the use of force that may be justified by that interest necessarily differs both in degree and in kind from the use of force that would be justified against a person who has committed a crime or who poses a threat to the community.

• Understanding the difference between active and passive resistance and the different levels of force that can be applied in those different circumstances is very important for all officers no matter the force involved.

• Officers need to understand what constitutional rights are “clearly established in light of the specific context of the case” in order to avail themselves of the protection of qualified immunity in excessive use of force claims.

• This case highlights the importance that smart use training can play in teaching officers the proper use of a TASER ECD in accordance with judicial guidelines.

C2 Colors

Hey TASER® Blog fans- we have a very special opportunity for you! It’s our way of saying thank-you for your continuing interest in our product, company, and the people behind it all.

Starting a blog has been a new and exciting project for TASER International, a foray into the world of social media- and it’s been the dedicated blog fans like you that have made it so rewarding. So, we would like to give you a little something extra for your support.

By using this link , you will receive an extra two-pack of cartridges and a free target with your purchase of a TASER C2.

Happy Shopping!

Tom and Rick Smith demonstrate the TASER X3 at last week's TASER Conference

On Monday, July 27, Rick and Tom Smith, the co-founders of TASER International, unveiled the multi-shot X3, our first new handheld TASER ECD since 2003, during their keynote address at the beginning of the 2009 annual TASER Conference. It was one of the many TASER solutions for law enforcement, corrections and military customers that were highlighted that day.

The keynote address and the launch of the X3 was covered by numerous Arizona print and television media outlets. Incredibly, the story filed by the local Associated Press reporter was picked up by more than one thousand papers around the world. In addition, writers from a couple of trade magazines attended the keynote as well, so we are looking forward to those articles in the upcoming editions. Since the launch, I’m thankful to say that the media request and TV interviews haven’t slow down. The TASER X3 has been featured and demonstrated on FOX Business Network’s “Money for Breakfast” with Alexis Glick, has been written about on WIRED Magazine’s Danger Room, and was  shown in a video post on the Engadget website. Then today, Tom Smith gave a live demonstration of the X3 to Bill Hemmer on FOX News America’s Newsroom, wrapping up an exciting week of interest and coverage.  

The 2009 Annual TASER Conference was more than just a keynote address and product launch. It also included a four-day Master Instructors School providing advanced training for more than 300 Master Instructors from the United States and 29 countries around the world. Some of the countries that were represented were: the United Kingdom, Germany, New Zealand, Australia, and Canada. These Master Instructors went through rigorous TASER training, Master Instructor certification and standalone product certifications. They had to take tests daily in order to pass the Master Instructor course, but this year they had a huge incentive beyond their certification; everyone who passed the program received a TASER X3. Can you believe it — all the participating instructors passed! Master Instructors School is more than just training. Many of the instructors will tell you that they enjoyed the networking opportunities that were held throughout the week’s training where they had a chance to share training ideas, learn new concepts and become more than just colleagues. Despite having to do homework and study comprehensive lesson plans, the lessons learned from sharing information among some of the world’s top trainers was invaluable.

Finally, as an added bonus — and just as important — thanks to a benefit performance by county music star Mark Wills and the generosity of the instructors, we were able to raise during the week more than $4100 in donations to the TASER Foundation for Fallen Officers. All in all, it was a wonderful week. The Training Department, Master Instructor Board and Senior Master Instructors at TASER International once again provided a best-in-class week of training and everyone at TASER International went above and beyond to launch another product that will protect lives.

Yesterday, that curiosity was satisfied as the pilot program’s first field use provided an example of how TASER devices can help save lives. A man in the town of Woerden had his life saved when the use of a TASER prevented him from inflicting serious injury upon himself. Officers were able to temporarily incapacitate the man’s muscles using a TASER® X26™ — thereby disarming him and diffusing the dangerous situation. 

We’re pleased that the Dutch National Police have adopted the life-saving technology of TASER and we congratulate them on a job well done in helping advance the mission of TASER International — to protect life.

Hundreds of corrections and law enforcement officers took part in the 2009 Mock Prison Riots, honing skills, learning new techniques and demonstrating and evaluating new equipment. For example, twenty officers were certified by the TASER training team on the new TASER® Shockwave™ area denial system and 61 officers were certified on the new TASER® XREP™ wireless shotgun projectiles.  

A K-9 unit stands ready to break up a hostage situation

Over the course of the four-day event, I observed five training scenarios. Two of the training scenarios were staged in the cell blocks, with one scenario simulating 15 inmates refusing lockdown and the other simulating a situation where a guard was taken hostage by a group of inmates. During the hostage scenario, the rescue team brought in a K-9 unit, and it was so compelling to see how the dog scared the inmates into submission. I have a much better understanding and greater respect for the effectiveness and power of a well-trained K-9.

I also watched a scenario where a bus with inmates onboard broke down. The CERT (Corrections Emergency Response Team) threw smoke screens and flash bangs to distract the inmates so they could get on the bus and regain control. Yet another scenario was in the dining hall, where inmates started fighting and barricaded the doors to the hall. There were three teams of CERT officers who entered the dining hall and used both chemical and non-lethal devices to contain the situation.  

This is my second year in a row attending Mock Riots with TASER. I must say that Mock Riots is one of my favorite events to attend; the people that attend this event are so friendly and dedicated to their profession. These men and women have no fear of learning new skills, trying new equipment or even taking a voluntary exposure of a TASER electronic control device (ECD) — amazingly more than 200 people volunteered to feel the effects of our ECD technology.

CERT officers board a broken down bus full of inmates

All in all, in my opinion, this year’s Mock Prison Riots was again a huge success. It attracted numerous agencies from around the world, including Singapore, the United Kingdom, Japan, Egypt, the Bahamas and Canada. The impressive list of attendees also included training chiefs, tactical operators, and other industry experts.  

Four days goes quickly when you are at the Mock Prison Riots. It is a bit of a let-down now that the event is over; but the team from TASER International, including me, is already looking forward to coming back next year!

Arriving at the West Virginia Penitentiary, site of the Mock Prison Riots

Throughout the four day event, men and women who keep our nation safe are able to deploy emerging technologies during best practice tactical training scenarios. Some of these scenarios include: cell extractions, riot control, hostage rescue, conflict resolution, and both lethal and non-lethal situations.  

On Sunday, I joined more than a half dozen other TASER representatives for a day filled with setting up our trade show booth, painting targets and preparing for the upcoming scenarios. I was even able to attend a portion of the skills competition.  

Coming down the cargo net ladder on the skills course

I was doing a self-guided tour with other co-workers when we heard a lot of hollering and yelling coming from the obstacle course in the south yard. Our curiosity had us, so ventured over to see what was going on. We found a five-man emergency response team midway through the obstacle course. These guys were physically exhausted from crawling through tunnels, climbing up a cargo net ladder, dragging and carrying a dummy and climbing up a wall. They were pushing their exhaustion levels to the extreme — one guy looked like he was going to hurl. His face was beat red, his buddies where trying to encourage him to keep going and no one in the group was going to leave this fellow officer behind.  

The dedication and drive these individuals exhibit is remarkable. They choose to work in jails where offenders resist authority and where they always have to watch their backs and their partner’s every movement. It amazed me, that as I was leaving, I discovered I have a whole new level of respect for these individuals.

Be sure to follow me on Twitter (@TASERHilary) for up-to-the-minute updates from the 2009 Mock Prison Riots. I’ll be sharing hard hitting videos of inmate take downs, results of the skills competition (the Singapore team is looking strong), and exciting new facts that you might not have known about our prison system.

TASER 3.0 is the future of secured digital evidence collection, storage and management. Our new integrated digital multi-media evidence storage and management platform — EVIDENCE.com — works in conjunction with the TASER® AXON™ — an on-officer tactical computer and video/audio recorder that captures incidents from the officer’s perspective. Together, the AXON system and EVIDENCE.com will revolutionize the way law enforcement safely and securely collects, stores, analyzes, and manages digital multi-media evidence.

Essentially, TASER 3.0 will provide an end-to-end solution to capture, store securely, and analyze digital evidence and information in ways that enables tactical and strategic decision making by law enforcement, as well as for legal evidentiary use.

The invaluable feedback we receive at the Technology Summit on April 28-29 will help determine the critical technology and infrastructure needs of the public safety community, as well as help us ascertain how our company and products can best provide meaningful solutions. One of my roles at the conference will be to solicit short feedback interviews (on-camera so we can capture the information thoroughly) with attendees during breaks at the event.

TASER International knows that collaboration and communication between agencies is essential in developing effective technology. We have used these collaboration methods with success in the development of TASER devices in the past, but this effort is much larger and requires much more extensive input. We take the suggestions, opinions, and even criticisms from our law enforcement customers very seriously. By hosting this Technology Summit we will provide a forum for law enforcement technology and command staff leadership to discuss the future of evidence management solutions. 

A little bit about TASER 3.0: Using a camera and storing secure information may not seem like a revolutionary task at first glance. However, the current practice is to either store evidence on VHS tapes in large warehouses, in unsearchable formats, or save the data digitally, but on separate DVDs. TASER 3.0 instead is a major platform computing initiative, utilizing advanced Web 3.0 technology. For the first time, EVIDENCE.com brings software as a service to main street. It allows public safety and law enforcement quick access to key evidence data without the difficult, and sometimes impossible, inventory searches common to today’s storage methods.

Only a select few will determine the future of secured digital evidence collection, storage and management; will you be one of them?

Click here to register today.