Samples v. Vadzemnieks

Allegation: Harris County, Tex. officer tases half-naked, incoherent man (5’3″ and 154 lbs.) who ignored officers, wandered away from them on frigid night. The man falls, fractures his skull, suffers life-threatening brain damage. Police say he adopted a fighting stance, but there’s no video; they didn’t turn on their cameras. Fifth Circuit: The officer who fired the taser violated the man’s Fourth Amendment right to be free from excessive force. But the man can’t sue. Wasn’t clearly established that kind of thing is unconstitutional.

Tags: 2018, Excessive Force, Fifth Circuit, Fourth Amendment, Police

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