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"[T]he Fourth Amendment forbids an officer from discharging repeated bursts of electricity into an already handcuffed misdemeanant--who is sitting still beside a rural road and unwilling to move--simply to goad him into standing up"

"I write to express my view that the Fourth Amendment forbids an officer from discharging repeated bursts of electricity into an already handcuffed misdemeanant--who is sitting still beside a rural road and unwilling to move--simply to goad him into standing up." So begins the dissent from a non-precedential ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

The dissent, written by U.S. District Judge Beverly B. Martin, sitting by designation from the Northern District of Georgia, also states, "A video captured the events in question, and I suggest it be published together with this opinion." It appears that her suggestion has not convinced the Eleventh Circuit to make the video available over its web site. Perhaps the lawyers for the plaintiff will post the video to YouTube.

Full post as published by How Appealing on September 10, 2008 (boomark / email).