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Page 38: It is important to note that TASER lnternational [, Inc.] is the leader in the development and manufacture of CEDs. Absent any medical or scientific basis to support his opinion the expert's opinions are not based on reliable medical or scientific methodology. Hyde and Richard Holcomb probably died as a result of a fatal cardiac arrhythmia due to acute illicit drug intoxication creating crazed states consistent with "Excited Delirium Syndrome," also known as "Agitated Delirium." Also, with Hyde, blood loss by arterial injury was a contributory cause. Officer Escareno’s 2 uses of the TASER device were not excessive force 3. Moreover, injuries to officers and citizens also declined." Conclusion: TASERs play an important role in law enforcement.The ILEF recognizes that this vendor has invested in and conducted exhaustive research in order to increase device effectiveness as a tool for law enforcement while minimizing injury to subjects. The TASER Devices had nothing to do with their deaths.” “As it relates to the death of Mark D. Officer Brown’s 5 drive stuns were also not excessive force 4. This research and this report show that electric weapons are deployed more frequently than other less-lethal weapons and tactics, but they also appear to enjoy higher success rates in conflict resolution.Study Framework: The study is directed by a steering group with representation from NIJ, the College of American Pathologists, the Centers for Disease Control, and the National Association of Medical Examiners. (04/07) Taser Devices and Other Electro-shock Weapons, (MRSC) Municipal Research and Services Center of Washington. The argument that is made by law enforcement is that most if not all of the subjects who died when shocked by a CED would have died if the officers had controlled and arrested them in a more traditional hands-on fight.
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He was trained that the Springfield Police Department's policy on [ECDs] stated that they "shall not be used in situations where the suspect may fall from a significant height." As noted above, plaintiff's quibble over the adjective "significant" is overstated. The only crime Officer suspected Plaintiff of committing was a violation of the open container statute, a minor crime, particularly since Plaintiff was the passenger in the car. Holding: Federal court in Seattle found that only the first 3 of 5 electronic control device (ECD) discharges were objectively reasonable. (04/96) IACP National Law Enforcement Policy Center, ELECTRONIC RESTRAINT DEVICE: THE TASER® Model Policy. Including Recommendations for Immediate Implementation. Commission for Public Complaints Against Canadian Mounted Police.
Any reasonable police officer would know from the training received in this case that tasing a suspect who is cresting a six to seven foot high fence would likely result in serious injury. Although there were tumblers at Plaintiff’s feet, any object could be used as a weapon and there is no allegation that Plaintiff made any indication to reach for the tumblers, dispose of the tumblers, or use them as a weapon. Each ECD use lasted 5 seconds, and all 5 ECD uses took place within an 85-second time period. CIV 06-129-P-S) (unpublished) (gathering cases in which district courts held use of TASER ECD was not entitled to qualified immunity and holding that use of ECD on unarmed, intoxicated motorist, who did not physically threaten officers or attempt to flee and who was surrounded by three officers, was not entitled to qualified immunity. (04/10) Electronic Control Weapons (ECW), Concepts and Issues Paper, IACP NLEPC. Report of the Standing Committee on Public Safety and National Security. (04/07/11) 2011 Electronic Control Weapon Guidelines, A joint project of Police Executive Research Forum and Community Oriented Policing Services, U. (08/03/10) Conducted Energy Devices Guidelines for Policy & Practice, Meeting Preparation Materials (for August 3, 2010 Philadelphia, Pennsylvania, meeting), Police Executive Research Forum.
(06/12/08) RCMP Use of Conducted Energy Weapon (CEW), Final Report, Including Recommendations for Immediate Implementation, Commission for Public Complaints Against the Royal Canadian Mounted Police. - Legal Implications of the Use of Less Lethal Force During a Demonstration [Power Point], Mark H. IACP Use of Force Model Policy and Concepts and Issues Papers: (02/06) IACP Use of Force Model Policy (02/06) IACP NLECP Use of Force Concepts and Issues Paper (02/05) IACP NLECP Use of Force Concepts and Issues Paper (08/01) IACP NLECP Use of Force Concepts and Issues Paper (04/99) IACP NLECP Use of Force Concepts and Issues Paper (10/98) IACP NLECP Use of Force Concepts and Issues Paper (12/95) IACP NLECP Use of Force Concepts and Issues Paper (02/89) IACP NLECP Use of Force Concepts and Issues Paper (12/15/10) (MD) Maryland Chiefs of Police Association and Maryland Sheriffs' Association ECD Policy - Cover letter to Maryland Chiefs of Police Association and Maryland Sheriffs' Association ECD Policy (10/15/10) Guidelines for the Use of Conducted Energy Weapons, Public Safety Canada. See also: (06/30/09) Nova Scotia (2009) Report of the Panel of Mental Health and Medical Experts Review of Excited Delirium, Nova Scotia, Canada. Although the medical research to date does not confirm such claims, the subjects in CED experimental settings have all been healthy people in relatively good physical condition and who have not been under the influence of drugs or alcohol.
NIJ Sponsored Medical Study - Deaths Following Electro Muscular Disruption. (Summer 2010) Harris, David A., TASER USE BY LAW ENFORCEMENT: REPORT OF THE USE OF FORCE WORKING GROUP OF ALLEGHENY COUNTY, PENNSYLVANIA, 71 U. (06/28/07) TASER® Electronic Control Device (ECD) Training Exposures: What are the Benefits, Non-Lethal Force with Rick Guilbault, The ILEETA Use of Force Journal, Volume 7, Number 2, April-June, 2007, pages 13-15. Obviously, there is no ethical way to expose overweight suspects who have been fighting and/or using drugs to the effects of a CED, so an examination of cases where similar subjects lived and died might shed some light on the reasons for the deaths.
(03/11/15) CEW Research Index (05/24/15) Brave - Brief DRAFT Outline of Selected Numbers, Law, Research (11/18/13) Brave - 2013 IPICD Annual Conference Presentation Power Point (10/03/14) TASER Risk Management Power Point (pptx file - 10 megabytes) (02/24/13) International TASER Risk Management Canadian and International Power Point (pptx - 4 megabytes) (09/07/10) ECD Forensic Index (08/19/08) ECD Research Index and Conclusions (10/15/13) Council of Canadian Academies and Canadian Academy of Health Sciences. Ottawa (ON): The Expert Panel on the Medical and Physiological Impacts of conducted Energy Weapons – Full Report. Canadian Police Research Centre, Canadian Safety and Security Program, Government of Canada. Study of Deaths Following Electro Muscular Disruption. After reviewing the available evidence from this extensive case study, the author concludes that these conducted energy weapons are excluded as the cause of death in 182 of the 212 cases. When Snauer had reached the top of the fence, [Officer] Sether fired his [TASER ECD in probe mode]. 21-22 – “it seems that a strike from a solid baton can be at least equally forceful, if not more so, than a Taser . Additionally, the post-struggle conduct of the officers did not violate Michael’s rights. Officer notes that fleeing from an officer in a motor vehicle is a felony. Electronic Control Weapons in Georgia: Review and Recommendations, Adopted by the Georgia Association of Chiefs of Police Executive Board. (01/05) Town of Madison (WI) Police Department Policy Manual.
National Institute of Justice (05/24/11) Alpert, G., Police Use of Force, Tasers and Other Less-Lethal Weapon. Electronic Control Device Exposure- A Review of Morbidity and Mortality. (09/02/08) TRS-D Ventricular Fibrillation (VF) - Detail (06/10/08) TRS-D Metabolic Acidosis - Detail (04/24/08) TRS-D Breathing Effect - Detail (04/25/08) TRS-D Rhabdomyolysis - Detail (06/10/08) TRS-D TASER Electronic Control Device (ECD) Delivered Energy Basic Analogy Examples (12/27/11) TASER X26 ECD Demonstration Outline (03/01/13) TASER Handheld Conducted Electronic Weapons Law Enforcement Warnings (10/15/09) TASER Training Bulletin 15.0 Medical Research Update and Revised Warnings (03/01/06) Reason for June 28, 2005, TASER Training Bulletin, regarding multiple TASER electronic control device exposures alleged effects on respiration and p H levels warnings (02/01/09) TASER M26 Electrical Characteristics (02/06/09) TASER M26 Specifications Sheet (02/01/09) TASER X26 Electrical Characteristics (02/06/09) TASER X26 Specifications Sheet (02/12) Atlas of Conducted Electrical Weapon Wounds and Forensic Analysis. In only two cases did the evidence tend to confirm the weapon was either a cause of death or a significant contributing factor. The Defendants-Appellants do not challenge this conclusion on appeal, arguing only that no constitutional violation occurred. When Snauer was hit by the probes, he became temporarily paralyzed, and plunged head-first to the other side unable to break his fall. Paramedics had been summoned before the struggle ended; Michael was breathing and able to talk with the officers after the struggle; when Michael fell over and said that he could not breathe, the officers propped Michael back up and there is no indication that he continued to complain; when the paramedics arrived Michael was breathing, communicated, and had a pulse; the officers assisted the paramedics with placing Michael on the gurney and Michael was only on his stomach a brief period of time during this process; when Michael was observed in distress by Escareno, he informed the paramedics who examined Michael and said he was okay; and Escareno and Burger helped with CPR and driving to the hospital. Plaintiff admits she did not comply with Officer's commands to get off of the telephone. (02/20/07) Civil Liability for Use of Tasers, stunguns, and other electronic control devices--Part I: 4th Amendment claims for excessive force, 2007 (3) AELE Mo. - (01/01/05) 022 Conducted Energy Weapon (PDF pages 84-88).Thus, Springfield's motion for summary judgment should be granted." (08/25/10) Dziekanski, 41, died in the secure arrivals area of Vancouver International Airport on Oct. 2007); see also San Jose Charter of the Hells Angels Motorcycle Club v. Officer did not order Plaintiff to get out of the car or remove her seatbelt. Accepting Plaintiff’s version of the facts, Officer knew that she was on the telephone with a 9-1-1 operator and was very frightened ("scared to death"), yet after the second time she failed to heed his command to get off of the telephone, without warning, he used the TASER ECD on her. See also First 3 ECD discharges, officer was chasing (drugged residential burglar) alone and subject was fleeing and then trying to get up. See also AELE's Electronic Control Weapons (ECW) Legal Research/Library Portal (05/11) Second Circuit Panel Allows Stun Mode to Gain Compliance of Chained Protestors, Guest article by Eric P. (08/05) Electronic Control Weapons (ECW), Concepts and Issues Paper, IACP NLEPC(01/05) Electronic Control Weapons (ECW), Concepts and Issues Paper, IACP NLEPC.(05/04) Electronic Control Weapons (ECW), Concepts and Issues Paper, IACP NLEPC.(02/98) Electronic Restraint Device: The Taser®, Concepts and Issues Paper, IACP NLEPC.(1996) Electronic Restraint Device: The Taser®, Concepts and Issues Paper, IACP NLEPC. House of Commons, Canada, 39th Parliament, 2nd Session. (09/09) Comparing safety outcomes in police use-of-force cases for law enforcement agencies that have deployed conducted energy devices and a matched comparison group that have not: A quasi-experimental evaluation.14, 2007, moments after he was shot with RCMP stun guns. The Court concluded, that viewing the evidence in the light most favorable to Plaintiff, Officer’s actions were unreasonable. Last 2 ECD discharges, a second officer had arrived, subject was not attempting to flee and was not an “immediate” threat,” and was not “capable” of following officers’ conflicting commands. has recently been published by the International Association of Chiefs of Police (IACP), Alexandria, Virginia. Police Executive Research Forum, National Institute of Justice. Department of Justice, Office of Community Oriented Policing Services. (09/11) Clinical Forensic Medicine: A Physician’s Guide. Media accounts that speculatively associate sudden in-custody deaths with the use of ECDs only add to the confusion. 19-20 – “No evidence has been presented that Tasers constitute force that creates a substantial risk of death. Herring’s use of the Taser was an objectively reasonable means of trying to keep Michael and Lavette separated, given the totality of the circumstances and particularly Michael’s paranoia and agitation, Lavette’s appearance and conduct, and Michael’s statements that the officers were not going to take Lavette from him. Court denied summary judgment to Officer and found that (under plaintiff's version of facts) use of ECD was unreasonable and denied Officer qualified immunity. (11/01/06) Connecticut Law Enforcement Model Policy: Electronic Control Devices (ECD). DESCRIPTION: Negative sentiment regarding ECDs is due largely to a lack of understanding about the technology behind such weapons and a misunderstanding of those weapons’ physiological effects. § 1983 claim, Plaintiff has not presented evidence that shows Michael’s constitutional rights were violated. Americans for Effective Law Enforcement (AELE) Law Library of Case Summaries (Civil Liability of Law Enforcement Agencies & Personnel). (12/06) Tucson (AZ) Police Department General Orders, Volume 2, General Operating Procedures, 2000 Use of Force, Section 2074 TASER (page 19/21).Therefore, law enforcement need not refrain from deploying CED’s, provided the devices are used in accordance with accepted national guidelines such as the model policy of the International Association of Chiefs of Police." John Morgan, Deputy Director for Science & Technology, National Institute of Justice, May 20, 2008, Less Lethal and Critical Incident Technologies. (07/27/07) National Organization of Black Law Enforcement Executives (NOBLE) Resolution in Support of the Use of Electronic Control Devices and Less Lethal Devices by Law Enforcement Officers in Use of Force Situations, Adopted at the 31st Annual Conference, on July 27, 2007, in Ft. Page 23: There was general consensus that officers were using conducted energy devices (CEDs), primarily the TASER® [ECD], as the first option. Chief Medical Examiner of Summit County, Ohio a/k/a Dr. D., In the Court of Common Pleas, Summit County, Ohio, Case No. This case was upheld (as to TASER) by the Court of Appeals of Ohio, 9th Circuit in their March 31, 2009 decision (2009 WL 826416 (Ohio App. On August 26, 2009, the Ohio Supreme Court (case no. (TASER), joined by the City of Akron (OH), went to court (in OH) to have the court determine whether the use of TASER electronic control devices that were listed in 3 autopsy reports by 3 medical examiners (MEs) as contributors to death should be removed. TASER®, Position Paper of the Police Training Institute (IL). And the odds of a suspect being injured are reduced by more than 40 percent in CED agencies compared to non-CED agencies.” “All in all, we found consistently strong effects for CEDs in increasing the safety of officers and suspects,” said Dr. “Not only are CED sites associated with greater levels of safety compared to a matched group of non-CED sites, but also within CED agencies, in some cases the actual use of a CED by an officer is associated with a higher level of safety compared to incidents in which officers used other types of less lethal weapons, such as batons.” (04/09) TASER® Risk Avoidance Program (RAP), Michigan Municipal Risk Management Authority, 2003-2008 (Power Point).