Friday, January 27, 2012

"The court finds that the officers did indeed use excessive force. Also, we don't care."

Arkansas: Passenger Gets $1 After Excessive Cop Tasering
The judge found payment in full of Kirby's $167 in medical bills covered his actual damages. The judge also ordered the city of Barling to revise its unconstitutional taser policy that allowed use of tasers against individuals passively resisting officer commands. On the question of pain and suffering, the judge found Kirby was only entitled to $1 in compensation.

"Although I concluded excessive force was used on plaintiff, I do not believe the evidence elicited shows the conduct was motivated by evil motive or intent or involved reckless or callous indifference to plaintiff's federally protected rights," Marschewski wrote. "At most, the evidence established that the defendants, in reacting to plaintiff's desire to leave the scene and failure to submit to their commands, failed to meet the situation at hand with an appropriate degree of force."
Oh, well then. As long as there was no bad motive, I guess it's okay. Thanks, Your Honor, I'm sure he'll have it framed.




H/T to Balko.

2 comments:

Kevin Wilmeth said...

Yeah Joel, I'm with ya.

And for the oxygen thieves: your message is duly noted. Fine by me. When your time comes, it'll be all business: you forfeited your humanity willingly.

Craig Cavanaugh said...

Let's remember to tazer that "judge". Repeatedly. At max voltage. With some jumper cables connected to a few dozen 12 volt batteries and his nipples. While immersed in salt water... Damn, I'm becoming slightly jaded.