Taser and Stun Gun Cases
7 cases in the library
Tasers occupy a middle ground in force cases. Courts have repeatedly held that tasing someone who is not resisting, is already restrained, or has stopped resisting is excessive. They have also granted immunity where the person was actively resisting or the law was unsettled on the specific facts. The sequence and timing matter more than the device.
Cases, newest first
Escalante v. Hammel
No. 24-50505 (5th Cir. 2025) · Jan 15, 2025
Officers were not entitled to qualified immunity on excessive force claims where the plaintiff alleged officers repeatedly tased him while he was restrained and not resisting.
Young v. City of Irving
No. 3:23-CV-1423-D (N.D. Tex. 2024) · Sep 12, 2024
Granted motions to dismiss pro se plaintiff's § 1983 claims against the City of Irving and police officers but granted leave to replead; held that video evidence contradicting the plaintiff's allegations of unlawful arrest and excessive force entitled officers to qualified immunity, and that municipal liability claims based on conclusory allegations of policy or custom failed.
Spiller v. Harris County
No. 22-20123 (5th Cir. 2023) · Jan 1, 2023
Reaffirmed that employees of the same legal entity cannot conspire among themselves under § 1983 and that municipal liability requires identification of an official policy or custom, not merely individual officer misconduct.
Spiller v. Harris County, Texas
No. 21-20574 (5th Cir. 2022) · Jan 1, 2022
Employees of the same municipal entity cannot conspire among themselves for purposes of a § 1983 conspiracy claim because a single legal entity cannot conspire with itself.
Peña v. City of Rio Grande City
879 F.3d 613 (5th Cir. 2018) · Jan 12, 2018
The district court erred in disregarding a plaintiff's proposed amended complaint; when the amended complaint stated plausible excessive force claims against officers who tased a woman during a family dispute, the case should proceed to qualified immunity analysis.
Hanks v. Rogers
853 F.3d 738 (5th Cir. 2017) · Apr 5, 2017
An officer was not entitled to qualified immunity where he used a physical 'half spear' takedown against a passively resisting motorist who posed no immediate threat, had his empty hands displayed behind his back, and was stopped for only a minor traffic violation.
Ramirez v. Martinez
716 F.3d 369 (5th Cir. 2013) · May 15, 2013
A deputy was not entitled to qualified immunity on excessive force claims where he tased a business owner twice — including once while the owner was handcuffed and lying face-down — during an encounter at the owner's own business; but the deputy had arguable probable cause for the arrest.
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