We just read some cases about police officer use of force in my torts class, and so I have a few fresh insights about how this can shake out on the civil side. Police officers are justified in the use force (affirmative defense to a claim like battery or assault) when it is reasonable and used within the scope of their duty.
Its harder to say on the criminal side, particularly with the sweeping powers granted peace officers among other first responders under the PATRIOT act. Certainly, it is necessary to look at the circumstances surrounding the incident, too.
At around 11:30 p.m., CSOs asked a male student using a computer in the back of the room to leave when he was unable to produce a BruinCard during a random check. The student did not exit the building immediately.
The CSOs left, returning minutes later, and police officers arrived to escort the student out. By this time the student had begun to walk toward the door with his backpack when an officer approached him and grabbed his arm, at which point the student told the officer to let him go. A second officer then approached the student as well.
The student began to yell "get off me," repeating himself several times.
It was at this point that the officers shot the student with a Taser for the first time, causing him to fall to the floor and cry out in pain. The student also told the officers he had a medical condition.
Seems like a bizarre situation. The tased person is apparently of Arab descent.
