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Ability to Comply

An officer uses the Taser while making an arrest of a subject. For argument’s sake the arrest is righteous and the choice of force (Taser) is reasonable.


The subject is under full Neuro Muscular Incapacitation (N.M.I.).


The officer(s) is yelling at the subject to put their hands behind their back.


Here is the kicker. The subject under N.M.I. cannot, NOT, comply with these orders. 


So, officer(s) fail to realize or maybe even understand that the subject is unable to comply and then use additional force. Maybe punches, knee strikes or even a higher degree of force.


This force is now completely excessive. 


If you are working a Taser case, check the details of the deployment of the Taser AND any additional force used. The devil is ALWAYS in the details.


 
 
 

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