Unconstitutional Tasing
by digby
For thee but not for me:
A former sheriff's deputy has filed suit against his department, claiming the department violated his constitutional rights.
Former Hamilton County Sheriff's Deputy Ray Robert says a medical condition prevented him from being exposed to the electric current of a stun gun. Being shocked by the gun is common, mandatory training for officers to carry one in many departments. The 50,000 volts of current exchanged lets officers know first-hand exactly what kind of pain they're inflicting.
"I can't be tased, I can't take that chance," Robert said.
He says his doctors told him not to do it. With a metal plate in his neck and back issues, they said it was a bad idea. His attorney said the Hamilton County Sheriff's Department's policy of forcing deputies to be shocked is unconstitutional.
"It's dangerous, that it is arbitrary, that it does not have a rational basis, that it is the TASER company that contends that people have to be tased as part of training but that it is not necessary," said Mary Jane Lapointe, Robert's attorney.
One wonders if people who are tased for being in the wrong place at the wrong time --- or just because they pissed off the police officer --- would have the opportunity to mention that they had a metal plate in their head --- or if they would be believed? I don't think so. Police are told they can shoot first and ask questions later.
It's quite interesting that the department had offered the man a different job (but he refused.) Apparently, they judged that it was reasonable that he wouldn't want to be tased because of a potential health hazard. I'm not sure how that squares with the idea of using them on the public.
Not that this fellow has any concerns along this line:
A sheriff's department employee for 29 years, Robert said the policy that he claims cost him his job makes no sense.
"It's just like a handgun. I don't have to be shot to use it," Robert said. "So I don't feel a TASER. I shouldn't have to be tased to carry it."
"That's an apples and oranges comparison to we don't shoot each other with handguns. That's ridiculous and after 29 years, he should know better," said Hamilton County Sheriff Doug Carter.
It's not apples and oranges to the people who are dying from tasers, it's exactly the same thing. And yet he wants to be able to carry one and use it without having a clue as to the medical condition of his subjects. His bosses don't think there's any reason to question using such a weapon on an unsuspecting public since they all have submitted themselves to tasing. (Of course, that can go very wrong as well.) But even if it's done without incident, it's nothing like what happens on the streets. Like those people who submit themselves to waterboarding and claim it isn't torture, these officials fail to recognize the terror of being on the receiving end of such a device and having no control over the situation. Which is really the point of all torture --- to remove free will.
This officer feels it's unconstitutional to force him to submit to the taser. Yet he and his fellows do it every day to citizens. I'll be curious to see how a court will view all that.