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Is tasering a pregnant woman the use of excessive force?

By Steve Lombardi

What will it take to prove to people that Tasers may be too convenient a tool and are taking the place of communications and a little time, resulting in excessive force being applied to otherwise law abiding citizens. The prohibition of excessive force is a part of the fabric of our Constitutional rights? Excessive force is force not necessary to enforce the law and to make an arrest. That is why it's generally wrong to use the Taser on an arrestee that is handcuffed.

After watching many of these video clips on the situations where the Taser is being used it's apparent to me that many officers are getting good at baiting the citizen to force a situation where Tasering looks justified. It seems in many words used by the citizen or the tone of their voice is enough to trigger the officers into giving them "a ride on the Taser." Are these citizens really resisting arrest or merely stating their opinions in a very untactful way?

And what is resistance? How do you define actual resistance? Are words alone enough? If a person, not under arrest, keeps talking, begins to walk away, or flails their arms is that resistance? At what point must the officer use restraint and get control of the situation with communication skills?

Was it really necessary or just convenient to tase in this instance; is it necessary to tase a pregnant woman? Is that an unreasonable use of the Taser?

Consider that a pregnant woman can have a difficult time with holding their emotions in check. That should be taken into consideration. A pregnant woman isn't likely to be able to run very fast or far. Nor is she likely to be able to fight off a police officer. So what is or was it about this pregnant woman requiring the use of a Taser? Was the baby at risk of injury from the thousands of volts of electricity going through the placenta, the umbilical chord and the fetus? How do mothers feel about this? And fathers, how do you feel?

http://www.youtube.com/watch?v=BPYW82-Blik

Did they violate this woman's civil right? Was the woman under arrest before the Taser was used or was the arrest made to justify the use of punishing her with the Taser?

When the Taser is being used as a substitute for communication skills we've lost a part of our liberty that is being replaced with a fear of those in law enforcement.

On another day I'll take up the question of what is the difference between a Taser and a cattle prod?

Let's see if our Taser commenter that refuses to identify himself has anything of value to say about a pregnant woman being Tasered. Perhaps that will tell us more about him and society than any lawyer familiar with constitutional law in the United States can.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on July 29, 2009 (boomark / email).