9th Circut Taser Decision Could Affect Mountain Death Lawsuit

The 9th Circuit Court of Appeals said Oct. 17 that police used excessive force after firing Tasers at a pregnant woman in Seattle and the victim of domestic abuse in Maui. The ruling may make police departments reexamine their policies for Taser use.

The Los Angeles Times pointed out that the appeals court decision could affect the lawsuit brought by the parents of Allen Kephart in San Bernardino county in the death of their son. Kephart was Tasered at a traffic stop in Arrowhead, Calif., during a traffic stop.

Monday's ruling could influence the outcome of a lawsuit filed by the parents of a San Bernardino man who died in May. Three officers were accused of shocking him repeatedly with stun guns for 10 minutes. Allen Kephart, 43, was stopped by three sheriff's deputies after he honked his horn at them for turning in front of his car, the lawsuit contends.

Reason.tv's coverage of the incident:

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    "Three officers were accused of shocking him repeatedly with stun guns for 10 minutes. Allen Kephart, 43, was stopped by three sheriff's deputies after he honked his horn at them for turning in front of his car, the lawsuit contends."

    Failure to respect the centurions' authority results in them torturing a man to death. News at 11.

  • Proper Procedures||

    Three officers were accused of shocking him repeatedly with stun guns for 10 minutes. Allen Kephart, 43, was stopped by three sheriff's deputies after he honked his horn at them for turning in front of his car, the lawsuit contends.

    I was there. Everything that happened was by the book and perfectly hunky-dory.

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    Thank you Officer Procedures.

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    Proper procedures do not result in death. Use of prone restraint in someone with a lot of abdomenal fat initiated the suffocation event that led to his struggle and death. The Taser was completely unnecessary: was he going to outrun the police, despite morbid obesity? Was the Taser use on the ground used to force compliance with a lethal weighted and forced prone restraint?

    Taser should be held accountable for failing to properly train officers in restraint; they should have warned that use against someone on the ground is excessive force and may lead to death.

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    Here is an DOJ agreement on Taser use: Orange County sheriff, feds agree to new Taser rules http://bit.ly/tDhmK8

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