Taser

Use of stun gun during pre-arrest flight was not excessive force; even if a reasonable police officer would not have aimed stun gun at arrestee’s head, officer’s alleged conduct did not violate clearly established law.

Clearly established that individual had constitutional right not to be shot with stun gun when he was not actively resisting.

Officers violated arrestee’s right to be free from excessive force when they allegedly used stun gun on him and kicked him as he lay in non-resistant state on the ground; no qualified immunity.

Clearly established that officer could not fire stun gun at non-threatening, compliant subject.

Repeated use of Taser against resisting prisoner undergoing alcohol withdrawal was not excessive.

Use of stun gun on subject of 911 suicide call who had rope around his neck connected to basketball hoop did not violate clearly established 4th Amendment right.

Officer entitled to qualified immunity for Tasing suspect who rose to his feet and continued to approach officer after officer ordered him to stop and threatened use of Taser, distinguishing other similar cases.

Officer could not tase mentally disturbed subject “for refusing to stop and show his hands unless he had some other reason to fear for his safety,” “mere failure to follow orders would not lead a reasonable officer to believe that [the subject] posed a danger;” if subject fell to ground for some minutes after two applications of taser, then third taser application could not be justified; reversing qualified immunity for officer.

Although initial use of Taser was justified, continued use after subject was handcuffed and shackled and had stopped resisting violated clearly established law.

Officer was not entitled to qualified immunity for tasing unconscious passenger of vehicle after crash following high-speed chase, where passenger did not respond to officer’s instruction to show his hands, passenger showed no signs of being conscious, and engaged in no active resistance and officer only suspected that he might have been armed.