Constitutional Law-Ninth Circuit Characterizes Taser as “Intermediate” Level of Force Requiring Justification of Strong Governmental Interest-Bryan v. MacPherson, 630 F.3d 805 (9th Cir. 2010)

When analyzing a claim under 42 U.S.C. § 1983 that a law enforcement officer used excessive force during the course of a seizure, courts typically use the objective reasonableness standard of the Fourth Amendment.  In Bryan v. MacPherson, the Court of Appeals for the Ninth Circuit considered whether a police officer’s use of an electronic control device (ECD)—commonly known as a Taser—during a traffic stop for failure to use a seatbelt violated the plaintiff’s Fourth Amendment rights.  Because of the significant level of force delivered through Tasers like the one the officer used in this case, the court determined that ECDs may only be used when justified by a strong governmental interest.  As the officer had no reason to suspect the plaintiff was a dangerous felon or presented an immediate threat to the officer or others, the Ninth Circuit held that the use of an ECD violated the plaintiff’s right to be free from excessive force. . .