Justices Decline Case Of Police Taser Use On Pregnant Woman

[Purveyor]

Source: CNN

By Bill Mears, CNN Supreme Court Producer
10:41 AM EDT, Tue May 29, 2012

Washington (CNN) -- A "defiant" pregnant woman who was subjected to three Taser stun gun shocks by law enforcement officers after refusing to sign a speeding ticket will not get her appeal addressed by the Supreme Court.

The justices without comment rejected separate petitions from both Malaika Brooks and the Seattle Police officers sued for excessive force.

The court also rejected a similar appeal from a separate plaintiff.
2005: Rick Sanchez zapped with stun gun

Hundreds of such Taser-related lawsuits have been working their way through lower state and federal courts, but the Supreme Court so far has refused to address the issue of what the officers call "a useful pain technique."

Read more: http://www.cnn.com/2012/05/29/justice/scotus-taser-shocks/index.html

[rfranklin]

1. The fetus is sacred unless the police want to electrocute it...

Scalia loves all those corporal punishments.

[geardaddy]

5. I think the telling factor here is race. n/t

[pnwmom]

7. SCOTUS let stand a lower court ruling in her favor.

So I'm not sure what race would have to do with their decision.

[geardaddy]

8. I guess I didn't read too carefully there.

[pnwmom]

9. I don't think it was in the article. I read about it in the Seattle paper. n/t

[AnotherMcIntosh]

11. Not exactly.

A federal appeals court in San Francisco eventually issued a split decision, finding excessive force was used, but saying the officers could not be sued because "it was not sufficiently clear" in the law at the time that what they were doing was a constitutional violation.
http://www.cnn.com/2012/05/29/justice/scotus-taser-shocks/index.html

[pnwmom]

14. You're right. They ruled that excessive force was used,

and the Seattle police department agreed.

But they were off the hook in Federal court on the basis that you mentioned.

[Trillo]

2. Interesting to contrast "a useful pain technique" against

the Stanley Milgram experiment.

Some of us thought it was a warning, others, an instruction manual.

[Harmony Blue]

3. They can run

but they can't avoid this issue. It is reaching a tipping point, and it only highlights how the U.S. police forces have become militarized.

[lsewpershad]

4. Why do we

need a supreme court
again... pl enlighten me.

[ashling]

10. Our system needs a Supreme Court

just not this court.

[jtuck004]

13. Because someone has to decide who will be president, don't ya' know. n/t

[pnwmom]

6. As I recall, the lower court ruled in her favor, and then the police appealed --

so this might work out in her favor.

[NYC Liberal]

12. Love this: "The officers … were endlessly patient, despite being called liars and otherwise abused"

"The officers, for their part, were endlessly patient, despite being called liars and otherwise abused by Brooks," said Chief Judge Alex Kozinski. "They deserve our praise, not the opprobrium of being declared constitutional violators. The city of Seattle should award them commendations for grace under fire."

Oh no! She called them a name!

So not only did the officers do nothing wrong, apparently they should be REWARDED for "grace under fire"?!

[SemperEadem]

15. so, if she did drugs or

if her boyfriend/husband beat her, then charges of endangering the fetus would have kicked in...

but cops tazering her because she refused to sign a fucking ticket is "grace under fire".

Ok.

[dtom67]

16. Bad idea...

Tasers are dangerous because they are branded as " non-lethal ". I doubt that the officers in charge have any medical knowledge that would qualify them to make that judgement that a few " tases " would not hurt the fetus. They get no medals from me.
Besides, you should be able to refuse to sign a ticket even if it is only to acknowledge that you received a ticket. This country is full of people who would refuse to sign. Like it or not, there are gonna be people who think the signature is an admission of guilt no matter how many times you explain it to them. The officer should be able to write " refused to sign " on the report and see ya in court. Arrested for not signing??? Here in Michigan, My cousin's wife had to serve 90 days ( non-contiguous ) in county jail. It took her a year, because the jails are so crowded. Lets stop with the "frivolous" arrests.
Anyone that thinks that tasers are "OK" should have to watch as all of their immediate family are subjected to this lovely weapon.
{ FYI- My cousin's wife's arrest was not frivolous. It was fully justified }