Tasered woman now brain dead

[SunSeeker]

259. Right, it involves involves using good judgment under the circumstances, which this cop didn't do.

As Justice White said in Tennessee v. Garner, the court must weigh the nature of the intrusion of the suspect's Fourth Amendment rights against the government interests which justified the intrusion. The use of deadly force against a subject is the most intrusive type of seizure possible, because it deprives the suspect of his life, and White held that the state failed to present evidence that its interest in shooting unarmed fleeing suspects outweighs the suspect's interest in his own survival.

Here, the girl was involved in car accidents---before her arrest. She was not about to get in a car nor threatening anyone's life at the time she was tasered. She was handcuffed. She was incapable of using lethal force. She was not jumping over a fence fleeing a robbery like the suspect in Tennesse v. Garner.