Martin A. Schwartz
In Part I (N.Y.L.J. Oct 30, 2018), we examined how Tasers operate, and the generally applicable Fourth Amendment and qualified immunity principles governing §1983 excessive force cases. The critical Fourth Amendment issue is whether, under the totality of the circumstances facing the officer, the officer’s use of her Taser was reasonable. In this column we identify the relevant circumstances in the totality of the circumstances, analyze their significance, describe discernible patterns in the decisional law, and discuss significant recent §1983 Taser decisions.
Reasonableness Factors
The author’s review of the reported §1983 Taser cases decided in approximately the past 15 years revealed that the courts consider a wide array of circumstances in determining the reasonableness of an officer’s use of Taser force:
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