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Qualified Immunity for Tasing Student

The parents of a 12-year old profoundly-deaf boy got into a confrontation over a takeout order with a teacher at his school.  He became angry, ran from the dorm and entered onto a nearby fenced-off construction site.  The teacher followed him and the boy hit him with a stick and threw rocks at him.  The dean of the school called the police.  When the police arrived the boy was holding a large rock.  Officer Gionfriddo, of the police, instructed the boy to drop the rock, which instruction was translated by the dean into American Sign Language.  The boy did not drop the rock.  Officer Gionfriddo then told him that he would be tased if he did not drop the rock, which was also translated to ASL.  When the boy did not drop the rock the police tased him twice and put him in handcuffs.

The boy denies that he actually received or understood any of the instructions or warnings given to him or even knew that the police officers were at the school until he was tased.  He (or actually his parents who commenced suit on his behalf) claimed that Officer Gionfriddo's belief that the instructions and warnings were translated and being understood by the boy were unreasonable.

Officer Gionfriddo moved for summary judgment on the ground of qualified immunity.  The district court denied the motion, asserting that such immunity depends on factual disputes that hinge on credibility determinations, which must be made by the jury.  Officer Gionfriddo appealed.

The Second Circuit reversed, holding that it was objectively reasonable for Officer Gionfriddo to believe that his conduct was lawful.  In other cases, the Court had held that it was not unreasonable for an officer to use a taser in similar circumstances.  Accordingly, Officer Officer Giorfriddo was entitled to qualified immunity.

The decision in Muschette v. Gionfriddo can be found here.

Full post as published by Second Opinions on December 11, 2018 (boomark / email).