9th Circuit Court Limits Taser Use In New Decision

January 7th, 2010

Francis Holland alerts us through the Afrosphere Action Alert widget, which I am a co-publisher of, to the recent decision by the federal court which covers much of the Western U.S.

Get the Widget:

Dear Afrosphere Opponents of Police
“Taser” Pre-trial, Extra-Judicial Shock,
Electrocution and Execution:

“These are new ‘Miranda Rights’ against ‘taser’ abuse,”
said Atty. Francis L. Holland.”

There’s been a ground-breaking decision by the 9th Circuit US Federal Court of Appeals against taser abuse, entitled Bryan v. McPherson. This decision was announced on December 29th, between Christmas and New Years holidays but it deserves our immediate attention and dissemination via our EasyWidgets:

The decision writes into federal caselaw many of the arguments and advocacy that we afrosphere bloggers have been making at our Days (months and years) of Blogging for Justice Against Police Pre-Trial, Extra-Judicial “Taser” Shock,

The 9th Circuit Federal Court of Appeals agreed with us that:

“. . . we must “balance the amount of force applied against the need for that force.” Bryan v. McPherson, 9th Cir. Fd. Ct. App., December 29, 2009.
This decision has direct legal effect throughout the 9th Circuit, consisting of populous California, Alaska, Washington, Montana, Oregon, Idaho, Arizona, Hawaii and Guam, and influential in other parts of the country. Nearly 20% of America’s population is within the jurisdiction of the 9th Circuit.

The Court announced what we have long insisted:

“A reasonable police officer . . . would have foreseen these physical injuries when confronting a shirtless individual standing on asphalt. We have held that force can be unreasonable even without physical blows or injuries.” Bryan v. McPherson.

See full post here.

I’ll have further comment of my own at a later date.



posted in News & Events | | | View blog reactions |


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About The Blog

  • D. Yobachi Boswell

  • Yobachi Boswell is creator and publisher of BlackPerspecitve.net. I’m a writer, activist and political watcher based in Nashville, Tennessee. I’ve also been know to do some spoken word and MCing in my day.

    I created this site to give new voice to socio-political issues that are in need of thoughtful consideration and redress.

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