I happened to check out a blog entry tonight in which the Eleventh Circuit Court of Appeals decision in Buckley v. Haddock was reviewed. In Buckley, Court ruled that an officer who used his taser on a handcuffed man arrested for a misdemeanor had NOT used excessive force. The cop had ordered the man to get up off the ground, and threatened his with the taser. Imagine this – the man who was on the ground crying, did not get up after being tased the first time, so the officer tased him again. And again. And again. Just like when your four year-old won’t stop hitting his sister, so you have to hit him. Right? Not excessively, of course. Just a little whack to stop him from whacking his sister. Apparently that’s the way they do it in the 11th Circuit. I always wonder if the Judges who have sworn an oath to uphold "justice" would rule like this if it was one of their own family or friends on the ground twitching from the use of the "non-excessive force."
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."
Here’s an idea – let the drunk sit on the ground and call for assistance. Too easy? OK, just gently tase him then.
A friend of mine who is a preacher says that someday there will be justice, but until that day, there’s "just us." Check out the video and see what you think.