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Thursday, December 2, 2010

Californian police officer used excessive force when he used Taser on unarmed motorist

A Coronado, Calif., police officer used excessive force when he shot a Taser dart at a young driver who was stopped for a seat belt violation, a federal appeals court ruled Tuesday.

Carl Bryan, then 21, fell to the asphalt after being struck by the dart, breaking four teeth and suffering facial cuts. He later sued the Coronado Police Department and Officer Brian MacPherson.
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The man, Carl Bryan had been stopped at a seat belt enforcement roadblock at the Coronado Bridge after spending hours on the morning of July 24, 2005, driving between Camarillo and Los Angeles to fetch his keys that had been accidentally taken by a cousin's girlfriend.

On the drive home from Camarillo to Coronado, Bryan had been cited for speeding and was agitated when he was stopped a second time by Officer Brian MacPherson, according to court records.

The excessive-force ruling by the U.S. 9th Circuit Court of Appeals could have consequences for police use-of-force policies across the West.

Police must have reasonable grounds for using a Taser on a suspect, the appeals panel said, noting that Bryan was wearing only boxer shorts and tennis shoes and was clearly unarmed and was standing about 20 feet away with his back to MacPherson when he was hit.

The officer nonetheless deserved immunity from prosecution because the circumstances in which the weapon could be reasonably deployed weren't clearly defined at the time.

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