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Friday, January 8, 2010

Shocking Pain: Limiting Police Taser Abuse

Here is a great post on the whole tasering issue. I'm glad international anti-taser activist, Francis Holland is working on the Tasers and Miranda rights issue.





 

Colin Starger writes: If pop culture were your only guide, you'd probably think that tasers are hilarious. Scenes of hapless souls squirming after being "tased" often play with a laugh track in Hollywood comedies. Real-world taser bloopers get thousands of hits on on the net. These images, however, are deeply deceptive. Tasers actually cause excruciating pain and police abuse of the weapon is a deadly serious problem. For this reason, I welcome the recent federal civil rights ruling that may help reform police taser policies.


The federal case arose out of a particular encounter in California between a police officer and a motorist during a traffic stop for a seat belt violation. The driver, Carl Bryan, was unarmed and indeed wore only boxer shorts and tennis shoes. Bryan was agitated, upset, and muttering gibberish. He exited his car but did not attempt to flee. Neither did he physically or verbally threaten the  cop. However, because Bryan allegedly failed to obey an order to return to his car, the officer -- who was standing 20 feet away -- discharged his taser. The electric current made Bryan fall flat on his face, fracturing four teeth and causing contusions. Read more on Shocking Pain: Limiting Police Taser Abuse

Wednesday, January 6, 2010

New 'Miranda Rights' against taser abuse,"

"These are new 'Miranda Rights' against taser abuse,"
says Atty. Francis L. Holland


There's been a ground-breaking decision by the 9th Circuit US Federal Court of Appeals against taser abuse, entitled Bryan v. McPherson.  This decision was announced on December 29th, between Christmas and New Years holidays but it deserves our immediate attention and dissemination via our EasyWidgets:

The decision writes into federal caselaw many of the arguments and advocacy that we afrosphere bloggers have been making at our Days (months and years) of Blogging for Justice Against Police Pre-Trial, Extra-Judicial "Taser" Shock, Electrocution and Execution devices.  The Easy-Widget HTML code below enables us to educate the public of their newly announced rights.

The 9th Circuit Federal Court of Appeals agreed with us that:
". . . we must “balance the amount of force applied against the need for that force.”  Bryan v. McPherson, 9th Cir. Fd. Ct. App., December 29, 2009.
This decision has direct legal effect throughout the 9th Circuit, consisting of populous California, Alaska, Washington, Montana, Oregon, Idaho, Arizona, Hawaii and Guam, and influential in other parts of the country.  Nearly 20% of America's population is within the jurisdiction of the 9th Circuit.  The Court announced what we have long insisted:
"A reasonable police officer . . . would have foreseen these physical injuries when confronting a shirtless individual standing on asphalt. We have held that force can be unreasonable even without physical blows or injuries." Bryan v. McPherson

We've got widgets up at 123 afrosphere blogs telling the public that, in many cases, when "Tasers" are used, "The price is too high". Now, lets post Easy-Widgets to inform the public that one of the most influential federal circuit courts of appeal in the country agrees with us that:

"The presence of non-minor physical injuries like those suffered by Bryan, however, is certainly relevant in evaluating the degree of the Fourth Amendment intrusion.Bryan v. McPherson

Let's celebrate! Here's a new EasyWidget that takes readers to our anti-electrocution blogs. This Easy-Widget HTML (immediately below) links to Electrocuted While Black, but there are visibly identical widgets below that lead to Tasered While Black and the Police Brutality Blog.

The result is better than that for which many of us had hoped. Instead of arguing locally for changes to voluntarily enforced police taser policy, Bryan's lawyers in this case, and bloggers making similar arguments, convinced the 9th Circuit Federal Appeals Court to write these requirements and limitations into Federal caselaw, which is probably faster, better and politically safer than having the restrictions enacted into law by the US Congress. 

Afrosphere bloggers and the Ninth Circuit encourage other circuits to follow this example by observing that:
"We, along with our sister circuits, have held that tasers and stun guns fall into the category of non-lethal force.   Non-lethal, however, is not synonymous with non-excessive; all force—lethal and non-lethal—must be justified by the need for the specific level of force employed."   Bryan v. McPherson
Not everyone -- blogger or reader -- has had a chance to read the whole Bryan v. McPherson case. So, the Easy-Widget quotes the most powerful language of the decision and links to our afrosphere blogs for more information.

In Bryan v. McPherson, the 9th Circuit Federal Appeals Court basically wrote into federal caselaw many of the arguments that we taser opponents have been arguing. But this is better than what many of us had sought, because instead of it being a change in local optionally enforced "guidelines," it's a change in obligatorily obeyed federal case law for the states in the 9th Circuit, and also, as the decision alludes, the 9th Circuit has enormous influence on other "sister" circuits courts.

Please join Electrocuted While Black in celebrating this decision by posting a widget that tells readers their rights and takes them to a blog where they can learn more, be it Electrocuted While Black or the Police Brutality Blog. Installation of the Easy-Widget below is a quick and easy way to quote some of the best parts of the case for your readers.

References:

http://www.mcclatchydc.com/251/story/81381.html

http://www.ca9.uscourts.gov/datastore/opinions/2009/12/28/08-55622.pdf

http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000135

http://www.widgetbox.com/widget/stop-the-electrocutions-and-executions-175px

http://police-brutality-blog.blogspot.com/2009/12/important-taser-case-is-must-read-for.html

http://www.pamshouseblend.com/diary/14353/stop-taser-torture-blogging-for-justice-day

http://www.pamshouseblend.com/diary/13151/taser-abuse-how-many-have-to-die-before-something-is-done-about-it

http://francislholland.blogspot.com/2009/12/important-taser-case-is-must-read-for.html

http://stoptasertorture.wordpress.com/about/

http://www.google.com/search?hl=en&source=hp&q=taser+abuse&btnG=Google+Search

http://www.google.com/search?hl=en&q=%22Day+of+Blogging+for+Justice%22+taser&btnG=Search&aq=f&oq=&aqi=

http://www.google.com/search?hl=en&q=%22Tasered+While+Black%22&btnG=Search&aq=f&oq=&aqi=

Tuesday, October 27, 2009

Join the Movement - December 4th. “Stop Taser Torture, blogging for Justice.”


http://www.seattlepi.com/dayart/20041201/TaserDeaths1201.gif




The stats only tell part of the story. I'm glad to note that there will be a annual December 4th blogging event called, Stop Taser Torture, blogging for Justice.”
The goal is to unite the world’s bloggers in posting about the same issue on the same day – Taser Torture in America, Canada and throughout the world.
Amnesty International says that between 2001 and August 2008, 334 Americans died after Taser shocks. The stun gun was deemed to have caused or contributed to at least 50 of those deaths, Amnesty says, citing medical examiners and coroners. Most suspects were unarmed, and many were subjected to repeated or prolonged shocks, according to Amnesty. The human rights group has called for governments to limit the use of stun guns or suspend their use. In November 2007, the UN Committee Against Torture released a statement saying “use of Taser X26 weapons, provoking extreme pain, constituted a form of torture, and… in certain cases, it could also cause death.”
Join in on December 4th. “Stop Taser Torture, blogging for Justice.” as we raise awareness and trigger a global discussion.

Contact us at: StopTaserTorture@gmail.com to register your blog.











Join Stop Taser Torture on 12.4.09




Saturday, October 24, 2009

Tasers, Taser International and messages of the Heart

Well it looks like Taser International has said Uncle. The Makers of TASER devices say don't aim at chest. As reported by many bloggers, including the Electronic Village, news outlets and internet sources, Taser maker Taser International is advising police agencies across the nation to avoid aiming the devices at a suspect’s chest. The Arizona-based company says such action poses an “extremely low” risk of an “adverse cardiac event.” The Atlanta Journal reports that Law enforcement in Atlanta, Gwinnett and Clayton County said they are in the process of scheduling training for their officers who carry Tasers.

“It won’t be a huge change. It’s a difference of a few inches,” said Sgt. Tony Kessler, a training officer for the Clayton County Sheriff. “We still have the back and other parts of the body.”

Gwinnett Police spokesman Cpl. David Schiralli said the Taser manufacturer only “recommended aiming lower towards the abdominal region,” but said the 279 officers who have Tasers will be retrained.

Cobb County Police are already ahead of the game, spokesman Officer Joe Hernandez said. Cobb’s 100 Tasers are carried by only veteran patrol officers, the Tactical Team, Burglary Apprehension Team and robbery interdiction squad. More HERE

The advisory, issued in an Oct. 12 training bulletin, marks the first time that Taser has suggested any risk of ill effects on the heart from the use of its 50,000-volt stun guns. More HERE

Electronic Village reports, Taser International, the maker of taser guns is advising police officers to avoid shooting suspects in the chest with the 50,000-volt weapon, saying that it could pose an extremely low risk of an "adverse cardiac event."


The advisory, issued in an Oct. 12 training bulletin, marks the first time that Taser has suggested any risk of ill effects on the heart from the use of its 50,000-volt taser guns.

Electronic Village goes on to report that critics, including civil-rights lawyers and human-rights advocates, called the training bulletin an admission by Taser that its guns could cause cardiac arrest. For years, Taser officials have said in interviews, court cases and government hearings that the stun gun is incapable of inducing ventricular fibrillation, the chaotic heart rhythm characteristic of a heart attack. More HERE There have been more than 400 deaths in the U.S. and 26 in Canada since 2001, according to a study by the Canadian Broadcasting Corporation. Tasers have contributed to more than 30 of those deaths, according to medical examiners.

Three of those occurred in the Gwinnett County jail after deputies used a Taser on combative inmates. Autopsies showed two of those deaths were the result of heart attacks, but did not cite what caused the cardiac arrest. The other death was ruled the result of “excited delirium” – a combination of cocaine, alcohol and physical exertion that excited his heart too much, according to the medical examiner.

A spokeswoman for the Gwinnett sheriff said Taser International's training bulletin has already been sent out to all of the deputies who carry Tasers. More HERE

"All future training will have it incorporated too," sheriff's spokeswoman Stacey Bourbonnais said Thursday.

The Publisher of the Tasered While Black Blog said: "Well it looks like this announcement by Taser International is having major impact on law enforcement standard operating procedures. Let's see if it make any difference on the streets of Amderica, or will cops actually aim at the chest in the future, as a way of killing people."

Boulder, Colorado ACLU wants Tasers holstered

New Guidelines For APD On Taser Gun Use - Albuquerque News Story

Metro Police Change Taser Policy

Police rethink stun-gun policy

Read more on tasering at the following blogs.




Sunday, August 23, 2009

Black Woman Tased In Back - While on Her Knees

Another American Post-Racial Moment

This one out of Cincinnati.

Cincinnati police say the preliminary investigations says Officer Anthony Plummer's actions were not in compliance with Cincinnati Police Departments policies and procedures. Also, the tasing investigation has been recommended to be conducted by the internal investigation section.

Cincinnati police arrested and used a Taser on Celeste Thomas, the daughter of Cincinnati city councilman Cecil Thomas, early Sunday morning.

Her arrest report indicates that Thomas had marks on her upper back from the Taser's barbs.

"It is my understanding that she was on her knees when she was Tased in the back," said Cecil Thomas.



Official comment from the Cincinnati Police Department was not immediately forthcoming. Councilman Thomas, however, said that in a phone call with a senior officer early Sunday morning he was told that police would be reviewing the incident.

A source with knowledge of the incident tells 9News that the officer who used the Taser is Anthony Plummer.

Plummer was investigated by the Cincinnati’s Citizen Complaint Authority in a 2006 complaint stemming from another Tasing incident in which use of excessive force was alleged. In that incident, Plummer was found to have used excessive force.

Additionally, sources tell 9News that Plummer was terminated for issues related to excessive force but reinstated last year after arbitration. More HERE

SCLC Fort Worth calls for FBI federal investigation into the taser death of Michael Patrick Jacobs

On August 22, 2009, Rev. Kyev Tatum, President of the Southern Christian Leadership Conference - Fort Worth Chapter wrote a letter to President Barack Obama requesting a FBI federal investigation into the taser death of Michael Patrick Jacobs while in custody of the Fort Worth Police Department.

Rev. Tatum noted that the death was caused because of excessive deadly force to a mentally challenge African-American young man. He also noted that the crime was a hate crime because the officers, which were all white refused to assist this young man by providing CPR when he was unconscious. The officers also threaten the young man's mother with deadly force when she reached out to assist her son. Read the letter sent to President Obama below.

What We Think About Taser Abuse

This blogger, who is also publisher of the blog Tasered While Black supports Rev. Tatum's efforts and urges all readers of this blog to send letters to the President and to the U.S. Attorney General to investigate this case.

We also urge you to sign the petition to hold Congressional Hearings into Taser Use and Abuse in America.

Here is the letter from Rev. Kyev Tatum, President of the Southern Christian Leadership Conference - Fort Worth Chapter written to President Barack Obama:


Dear Mr. President:

The Southern Christian Leadership Conference (SCLC) Fort Worth Chapter is requesting a FBI federal investigation into the taser death of Michael Patrick Jacobs while in custody of the Fort Worth Police Department.

We believe the death was caused because of excessive deadly force to a mentally challenge African-American young man.

This crime was a hate crime because the officers, which were all white refused to assist this young man by providing CPR when he was unconscious. The officers also threaten the young man's mother with deadly force when she reached out to assist her son. One white male officer put his hand on his gun and told her "she better get back."

Supportive News Story:

http://www.star-telegram.com/news/story/1550263.html

It appears the Mayor and other city officers are trying to cover up the facts in this cause.

We are requesting an immediate investigation of this case.

I can be reached at 817-966-7625.

Sincerely,

Rev. Kyev Tatum,
President
Southern Christian Leadership Conference - Fort Worth Chapter
7510 John T White Road
Fort Worth, Texas 76120
817-966-7625

Cc: SCLC National Office
Afrosphere
Dallas South

AAPP says: Sign the petition to hold Congressional Taser Hearings into Taser Torture today!