Police officers in Ohio are issued tasers as standard equipment, intended to be used as an alternative to lethal firearms in certain law enforcement situations, but are tasers considered excessive force in Ohio? The answer to this depends on the specific details of an incident. Police have the right to respond with force, but only when necessary, and only in proportion to the threat in question.
Are Tasers Considered Excessive Force in Ohio?
The term “excessive force” can apply to any situation in which a police officer willfully uses more force than is necessary to complete a lawful arrest, stop a fleeing suspect, or prevent harm to themselves or others. While a taser is a nonlethal implement that can be incredibly effective for subduing a suspect that poses a threat, it is still capable of inflicting tremendous harm and should only be used when absolutely necessary.
According to Axon, one of the leading manufacturers of taser devices in the world, these devices are currently used by more than 18,000 law enforcement agencies in more than 80 countries and deploy with a 99.75% safety rate. A standard police-issue taser fires a pair of metal darts into the target connected to the device by wires, and the officer presses the trigger to release an electrical current into the target’s body, immobilizing them.
A police officer in Ohio may only use a taser when they cannot manually restrain a suspect, or if a suspect displays a threat of imminent harm to the officer or another person. The use of a taser may qualify as excessive force if the suspect is not resisting, has already surrendered to the police, and does not pose an imminent threat to the officer or anyone else.
While tasers are technically considered nonlethal, the device interrupts the body’s central nervous system, causing sharp muscle contractions and preventing the target from moving. Excessive use of the electrical shock can interrupt the heart’s natural rhythm, cause hard falls due to immediate muscle contraction, or cause traumatic injuries when the darts strike sensitive parts of the body.
While most police officers in Ohio adhere to their training and only use tasers or greater force when absolutely necessary, some unfortunately fail in this responsibility and cause devastating injuries through excessive force. If you believe you are a victim of such behavior, it’s vital to understand your legal options.
Why You Should Hire a Taser & Stun Gun Injury Lawyer
If you or a loved one was recently injured by a taser during an interaction with police in Ohio, it is crucial to speak with an Ohio taser and stun gun injury attorney as soon as possible. While the police in Ohio have qualified immunity against most civil claims for damages from the public, if your Constitutional rights were violated and the police harmed you through excessive force, you likely have grounds to seek accountability and claim compensation.
Filing a lawsuit against a government entity is very different from filing a personal injury claim against another private party. Your case must meet very specific criteria, and you have a much shorter time limit for building and filing your case. Additionally, the scope of damages you are eligible to claim is likely to be more restrictive than what you might expect in a standard civil claim for damages against a private party.
The team at Spangenberg Shibley & Liber can provide the responsive and compassionate legal counsel you need for this type of case. Since 1946, our firm has successfully recovered more than $1 billion in compensation for injured clients throughout Ohio in a wide range of cases.
Experiencing excessive force can be terrifying and traumatic, and your experience may have left you with various damages. If you or a family member has been injured by the unlawful use of a taser, contact us today to schedule your consultation with our team.
