i would like to know do i have a case?

Question

i was taser by the police in the back of my neck after he said that i was free to go. then wrestle me to the ground and charge me with public intoxication. i didn,t put any resistance towards the officer. i had two beers and was headed home for the nite when he stop me and ran a check on me nothing came back, that when he told me to leave and the next thing i was hit with the taser gun . i had to go to the hospital to get the probe remove from my neck. my neck is still sore after 5 days. i believe that was excessive force and it was no call for that kind of action from the officer espically in back. i didn,t give reason for his action.

Answer 1

Okay.........

I am a fourteen year veteran of the armed forces and I am absolutely flabbergasted to read some of these responses. When the HE** did officers receive the divine right to use force on a person because he/she mouths off to them!?!?!?! THEY are the ones that should be mature enough and possess the self control to walk away if this man was doing nothing. THAT is what I fought for? So we could live in a police state where officers are not even questioned about the use of force? When did the use of force, not to mention the unquestioned use of very expensive probes, become so commonplace? Maybe we need to go back to batons so these people show some sign of damage and officers will think twice.

I would report the officer, speak to friends and others to see if this officer has a reputation for doing this type of thing. It is not uncommon that if the person did it to you that he has done it to others. If others tell you that he has done it to them as well, then you have a more solid case to take to the ACLU if the department does not want to do something with him. If nobody comes forward, make sure you get photos of the holes in your neck, the swelling, keep the hospital bill, etc. Get your evidence together and keep it together and go see the ACLU by yourself. The hospital also should have run tox screens on you, so you will have your BAC (blood alcohol) to prove your version of events. If the tox screen shows a high BAC, you are probably screwed.

As for the naysayers in this group who would let Dirty Harry go without checking up on him, good luck when your rights have been trodded upon and nobody will believe you. Checking into these things does not take too much effort in light of the cost of one citizen being brutalized by a bad cop.

As to the two persons here claiming to be officers; if indeed you are, you know as well as I do that the young bucks, i.e. - people who would use a uniform for an avatar, can get out of hand, wear the badge and gun as if those things are something other than the tools of their profession. It happens and we are all too fast to dismiss it until someone dies from the overzealous officer and then we not only lose a citizen we did not have to, but an officer that probably would have been good if properly trained, counseled and monitored.

Good luck to everyone who is not willing to stand up and hold your government accountable, I do hope the jackboot on your neck doesn't get too uncomfortable.

Answer 2

It depends on your alcohol level, and do you really remember all the facts of that night???? Not saying that I am automatically siding with the cops, but when it comes to offenses and alcohol is involved, most of the time the ones under the infulence do not have a whole grip on reality. Many don't remember, some have blackouts, and when they wake up in jail, or the hospital they wonder what happened.

Answer 3

Read the officers report, I am sure it did not happen that wayl

Of the 100's of drunks I arrested over the years, none of them ever said they were drunk and all of them said they did not resist ( which they did)

So most likely no police officer, or judge will beleive your story.

Answer 4

I'd let it go. You have no witnesses and I doubt there is any permanent damage.

Those cops think that you're just another drunk chump acting stupid. The best way to avoid this in the future is...
1) conduct yourself like a mature and sober adult in public
2) don't dress like a hood-rat. Try wearing slacks and a nice sweater.
3) don't talk smack to the police.
4) educate yourself and attempt to better your lot in life.

Answer 5

All depends on what you said in the conversation with said police officer. If they find you uncooperative, snide, or sassy, they may have considered a taser necessary.

Answer 6

certainly, while i substitute into working at a medical institution, the main aggressive breeds I knew have been Chows, Shar Peis, Akitas, Dalmatians, German Shepherds, Chihuahuas, and (have self assurance it or no longer) Labs. i've got on no account met a advantageous Chow and that i had to handle greater than a number of them. Akitas could properly be sturdy dogs with the fantastic proprietor, yet greater than a number of them are unpredictable. The Shepherds, Dalmatians, and Labs have been greater extreme strung dogs and reacted out of outrage frequently. Chihuahuas get that way because of the fact human beings do no longer think of a small dogs desires to be knowledgeable, and that they enable them to spoil out with being propose little dogs. not one of the dogs I knew that have been owned by employing customary purchasers have been knowledgeable to be aggressive, they have been the two in simple terms clearly greater aggressive or so poorly bred that they had genetic habit matters. the full time i substitute right into a tech and an animal administration officer, each time a Pit substitute into aggressive, they warned me they have been going to chew. it may in basic terms have been one 2d of warning, in spite of the incontrovertible fact that it substitute into greater beneficial than I ever have been given from Shepherds or Labs. greater than a number of those dogs could chew you at an identical time as wagging their tails.

Answer 7

Why do you drunks always say you....."only had two beers" I arrested a guy the other night for DUI who said the same thing & he blew a .205.......that's a bit more than two !!!!

Answer 8

Definately,thats excessive force and police brutality,espescially if you only had 2 beers.Unless you were drunk and just walked away =)

Answer 9

patrol cars have video cameras...
if you did no wrong and can prove it, take it to IA.

If you were running your mouth and the cop gave you an attitude adjustment...well humility is a great thing...

it all depends on your point of view.

Answer 10

If you told the story the way it happened you'd have a case.