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CA8: Tasering motorist was not objectively reasonable as a matter of law

By John Wesley Hall, Jr.

Plaintiff's claim she was unreasonably Tasered during a traffic stop survives summary judgment because it was not objectively reasonable as a matter of law. Brown v. City of Golden Valley, 2009 U.S. App. LEXIS 16071 (8th Cir. July 22, 2009)*: Given the circumstances surrounding the Tasering and arrest, we are not convinced that Zarrett's use of force was objectively reasonable as a matter of law. Sandra's conduct did not amount to a severe or violent crime. Zarrett suspected that Sandra had committed an open bottle violation, a misdemeanor punishable by not more than ninety days' imprisonment or a fine of not more than $1,000, or both. Minn. Stat. §§ 169A.35 (open bottle law); 609.03(3) (punishment when not otherwise fixed). Zarrett contends that the district court failed to consider the seriousness of the crimes of fleeing from an officer in a motor vehicle and driving while intoxicated...continue to full post

Full post as published by Fourth Amendment on July 26, 2009 (boomark / email).