Taser Abuse in New York

It is fair to expect police officers to act reasonably when making the decision to use a taser gun. Police departments are also responsible for providing appropriate training and oversight to their officers who have the use of taser guns at their disposal.

The New York Civil Liberties Union has previously found that police officers throughout New York State consistently overuse and misuse their taser guns.

Determining Taser Abuse

Taser abuse should not be tolerated! The Court system in New York State weighs multiple factors when deciding if a police officer has abused an individual with their taser gun.

The following three factors are usually considered most thoroughly: 

• How was the taser gun was used?
• Was the level of force excessive based on the circumstances?
• What type of crime was involved?

How was the taser gun used?

Courts have found an abuse in a police officer’s use of a taser gun frequently under circumstances when the evidence supports that the police officer purposefully targeted a sensitive area of an individual. Examples of sensitive areas include the face and groin area. Another situation where Courts have routinely found in plaintiffs’ favor, is where an individual has objectively complied with a police officer’s directions and a taser gun is nonetheless applied. Additionally, an event where a police officer uses a taser gun for a duration that is significantly longer than what is needed to control the situation is emblematic of inappropriate police behavior. Finally, repeated and unnecessary interventions by police officers with a taser gun provides clear justification for the Court to find a police officer liable for these actions. 

Was the level of force excessive?

Of primary importance to this factor is a determination as to whether the tasered individual represented a threat of physical harm to the police officers or other individuals present at the scene of the incident. The other pivotal consideration is whether the individual who was tasered was attempting to flee the custody of the police officers at the time the event occurred. If the affected individual was neither a violent threat nor attempting to flee the police, the application of a taser gun comes under significant scrutiny. 

What type of crime was involved?

Police officers responding to violent crimes are afforded more protection in claims that an individual was abused by a taser gun. This certainly does not mean that a police officer’s decision to use a taser gun is always right when responding to this type of crime. It merely provides additional evidence that help officers justify their use of the weapon. Situations where police officers are responding to a nonviolent crime and still choose to use a taser gun are harder for the involved officers to justify their actions. Indeed, recent decisions have demonstrated that the Courts have been critical of police officer’s decisions to use these weapons where there is no threat of violence.

Holding Cops Accountable in NY 

Cops are sworn to uphold the law. We hold cops accountable when they fail to do so.  If you or a loved one has been the victim of taser abuse, the taser abuse attorneys at Greenstein & Milbauer, LLP can help.

The taser abuse attorneys at Greenstein & Milbauer, LLP handle all types of police misconduct and police brutality cases, including those that involve excessive force, illegal chokeholds, racial profiling, wrongful search and seizures, false arrest, false imprisonment, witness tampering and police corruption. 

The taser abuse attorneys at Greenstein & Milbauer, LLP are committed to helping victims of police brutality or misconduct and will hold police officers and law enforcement agencies accountable.

Our firm’s motto is “Don’t Be A Victim Twice”.  If you are a victim of taser abuse, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful.  That’s our “Our Fee Guarantee – No Fee Unless Successful. We are the cop accountability law firm. When cops fail to protect and serve, we hold them accountable!