Shocking Policy: Municipal Liability for the Use of Tasers and Stun Guns by the Police

Abstract

While Tasers and stun guns have proven to be effective tools for averting crises, these instruments have frequently resulted in lawsuits. Since the use of electronic energy devices by the police is in its early stages, effective policies to avoid liabilities are still in the making. This article examines cases filed under title 42 U.S.C. Section 1983 involving the use of Tasers and stun guns by police officers, where the municipalities have been sued for violating the constitutional rights of individuals. A municipality is deemed to be liable if constitutional rights of individuals are violated because of a faulty policy, procedure, or custom, established in Monell v. Department of Social Services of the City of New York (1978). This article concludes that agencies are not liable if they have specific policies in place addressing the appropriate use of Tasers and stun guns in response to crisis situations. Municipalities are, however, liable inter alia, when there are inadequate or broad policies, or a practice, pattern, or custom of tolerating inappropriate use of Tasers and stun guns by their officers that lead to violations of constitutional and federal rights of individuals.