Excessive Use of Force? Watch the Video and Decide for Yourself
In a recent federal case called Buckley v. Haddock, the Eleventh Circuit Court of Appeals was asked to decide whether a deputy sheriff's repeated use of a taser gun while trying to arrest a motorist by the side of the road in Washington County, Florida constituted excessive use of force in violation of the Fourth Amendment to the United States Constitution. In ruling that the deputy did not use excessive force, the Court stated:
"Needless to say, officers acting alone may not always use any and all force necessary to complete an arrest without assistance. If Deputy Rackard had used more severe techniques (beaten [the motorist's] head with a club or shot him, for example), this case would be a different case. Here, the record shows that Deputy Rackard only used moderate, non-lethal force; and he did so only after reasoning with [the motorist], then after trying to lift [the motorist], and finally after repeatedly warning [the motorist]-a warning given before each use of the taser-that a taser would be used. In short, Deputy Rackard gave [the motorist] ample warning and opportunity to cease resisting before the deputy resorted gradually to more forceful measures. Even then, [the motorist's] injury was not great; and the deputy holstered his taser after using it briefly three times."
However, one of the judges on the appellate court disagreed stating:
"I write to express my view that the Fourth Amendment forbids an officer from discharging repeated bursts of electricity into an already handcuffed misdemeanant—who is sitting still
beside a rural road and unwilling to move—simply to goad him into standing up. I also conclude that at the time of the incident, Deputy Rackard was on fair notice that his conduct was unconstitutional. Not only did Deputy Rackard unnecessarily discharge his taser gun against Mr. Buckley three times, but each time he did so, he repeatedly prodded Mr. Buckley’s body with the stun gun’s live electrodes—inflicting additional pain and leaving Mr. Buckley with sixteen burn
scars."
Did Deputy Rackard use excessive force when he repeatedly tasered the motorist? Because the entire incident was captured on a police video camera, you can view the video for yourself and come to your own conclusion.
I think the guy needed to grow the hell up and quit crying like a baby. He got pulled over by a cop, so what, life isnt over buddy. The cop said get up, the cop gave you multiple warnings. Why is it the one pulled over gets all the rights. Bull.
The cop did his job and the guy pulled over just learned and taught others that you CAN get away with shit.
In my view of the video the officer used excessive force on the motorist, where the cop should had called for assistance. Furthermore, the person was handcuffed and not posing a threat as required under the Graham case. I am also a victim of excessive force by police in Ft. Lauderdale by their police attack dogs in 01/11/05 where I peacefully surrendered with my hands in the air upon approach the k-9 handler had control of the police dog and as I was on the ground he allowed the dog to bite for an excessive duration as stated by him in depositons 2 minutes and the other officer stood and watched and stated the attack was only a few seconds in addition the officers versions of events differ drastically. The end results I received serious injuries and surgery and have mobility problems if interested please e-mail or call (954) 297-6962 Thank you for your time to this matter. Sincerly, Lonnie
I think it was excessive use of force.
Why isn't this officer capable of throwing the suspect in the back of the squad car? He doesn't look like he weighs more than an average adult. Don't police officers have to pass strength tests and learn carrying techniques?
The taser should only be used in threatening situations.
there are a lot of cops out there that have been hurt when some one is in handcuffs i think the officer could have used more force to get him in that car and to get him off the side of the road posing a threat to other drivers on the road, if you think this is police brutality then I hope you never have to go to law enforcement for help.