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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Civil Rights : Excessive Force – Taser Death – ADA Violations

Civil Rights : Excessive Force – Taser Death – ADA Violations

Where a man who was violent, delusional and wandering his neighborhood naked died after being struck several times with a taser by officers, even if repeated taserings amounted to excessive force, these rights were not clearly established at the time of the incident, so the officers were entitled to qualified immunity, and the officers had information that the man had assaulted his mother and the circumstances were quickly changing, so the officers were not required to consider other possible actions and there was no showing that the use of force was because of the man’s disability, so the plaintiffs did not establish a violation of the Americans with Disabilities Act, and the district court grant of summary judgment to the defendants is affirmed.
Judgment is affirmed.

De Boise v. Taser International, Inc. (MLW No. 66708/Case No. 13-2742 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, Eastern District of Missouri, Adelman, J. (John Christopher Burton, Pasadena, California; W. Bevis Schock and Peter M. Williamson appeared on the brief) (Lorena Victoria Merklin von Kaenel, St Louis, argued for appellee; Michael A. Shuman appeared on the brief).

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