The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
17 comments:
The 11th Circuit standard on qualified immunity is insane.
Someone should hit that cop with a taser...see how the SOB cop likes it.
That police officer's actions were nothing short of torture of an unarmed, non-violent, handcuffed prisoner.
Taser was not meant to be a fucking cattle prod. It was a less than lethal alternative to shooting somebody.
That video depressed the hell out of me.
I thought it was pretty funny. Moral of story, don't be an idiot and listen to LEOs.
An acquaintance of mine recently reminded me that it’s nice to be important, but more important to be nice. Cops should remember that when dealing with non-violent offenders like the guy in the video. Had the cop kept that simple rule of thumb in mind, he could have had the guy in the car with much less effort and could have avoided the trouble of having to litigate and appeal this mess.
Cops’ failure to abide by life’s simple rules (treat others as you would have them treat you, and don’t be a jerk), is the main reason that so many of us have a negative view of them. Not everyone deserves to be tasered; the drunk in the video sure didn’t.
Moral of the story: use of the taser and other violent methods available to cops should be used sparingly, failure to do so leads to litigation.
Great opinion by CJ Edmonson. We need to protect LOE from frivilous lawsuits.
You liberal-pinko hippies posting under anonymous should get a backbone and identify yourselfs, so we can hunt you dow= have a an open discussion.
" Anonymous said...
Someone should hit that cop with a taser...see how the SOB cop likes it."
My understanding is most cops are tazed as part of the training process.
As an ASA though, I'm disgusted by this video. The officer was way WAY over the line based on that video.
That is the sickest shit I have ever seen in my life. What country are we in. How is that possible. That cop should be indicted for assault and battery now. This is not pinko liberal shit, its human fucking decency. Are you kidding 3:59??
Human fucking decency (I like that), we are in great need of human fucking decency.
I wish most of you guys used your names, this would be so much more FUN if you did.
If I was born in 1985, am I still considered a liberal-pinko hippie?
That sounds like a term used in the 1950's. And if I am considered a LPH, than at least I am one with a little human fucking decency!!!
On that note, no more tasers ... LEOs go taser happy (not good, not good at all), the video clearly exhibits unresonable and unnecessary use of a taser.
Don't tase me, bro!
Seriously, though, had the LEO just let the guy compose himself for a few minutes -- just like a time out for toddlers -- the dude would have realized the futility of refusing to stand up, would have gotten to his feet, and walked to the car. The best evidence of that is the video itself. In the end, the cop did exactly that, and the dude got up.
Hopefully besides using a taser on LEOs before they are allowed to use them, this tape is used as a learning tool to demonstrate what not to do.
LEOs are given a great deal of authority, particularly over people in their custody and control, and it is easy to cross the line. Training and disciplinary action is the best check on that authority. Certainly it is true that every day police officers go to work and put their lives on the line, and thus they are appropriately accorded wide latitude by the courts and the public in safety matters. But when the guy is handcuffed and sobbing. C'mon.
Just imagine if there had been no dash cam. Thankfully video tape has been a vehicle for curbing abuses.
MEEESTER MARKUS.
SHOCKING!!!!!!!
(someone needed to say it.)
It's electric! . . .
11:19 pm, you have to get out of the frat house more often DUDE!
The police are not supposed to use these devices except as an alternative to shooting someone. You see how well that's working. Sooner or later lawmakers will wake up and address these abuses.
As it stands, the procedure appears to be that if you or your behavior annoys the officer, they break out the taser. Giving the police, who so easily become angry, a device like this to torment anyone who bothers them (and then just telling the officers what the restrictions are *supposed* to be) would be like me giving my kid a chocolate cake and telling them they can only taste it on their birthday.
This has to stop.
I agree! No more chocolate cake and no more tasers!
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