Like quite a few folks, Edward Casey got a traffic ticket. He contested the ticket in Federal Heights, Colorado. He lost the case. The judge told him to take the "file" (which the judge then handed to him), and go to the Clerk's office and pay his fine. Casey had left his money in the truck, so he carried the file out to his truck, got his wallet and started back in. Apparently, it is a crime to remove a "file" from the Courthouse, so as Casey was walking back to the Courthouse, he was confronted by a Federal Heights policeman.
Casey admitted to the cop that he had the file, and as he was showing it to the cop, he was put into an arm-lock. Casey kept struggling to get in the courthouse and return the file. While the two were struggling (and the cop never said, "you're under arrest" or "stop resisting") a second cop arrives and fired her TASER at Casey. He got hit, but pulled the barbs out, and started for the Courthouse again. At this point, even more officers arrived. They tackled Casey, hand-cuffed him and repeatedly banged his head against the concrete. Finally, Casey was arrested, and charged with obstructing governmental operations - a crime that carries a $50 fine.
He sued for excessive force. A district judge dismissed the case - holding that the force used was not excessive. The 10th Circuit reversed and reinstated Casey's claim. The opinion is Casey v. City of Federal Heights, et al, No. 06-1426 (December 10, 2007).
There's something to be said for the the single-bullet practice in Mayberry.
Casey admitted to the cop that he had the file, and as he was showing it to the cop, he was put into an arm-lock. Casey kept struggling to get in the courthouse and return the file. While the two were struggling (and the cop never said, "you're under arrest" or "stop resisting") a second cop arrives and fired her TASER at Casey. He got hit, but pulled the barbs out, and started for the Courthouse again. At this point, even more officers arrived. They tackled Casey, hand-cuffed him and repeatedly banged his head against the concrete. Finally, Casey was arrested, and charged with obstructing governmental operations - a crime that carries a $50 fine.
He sued for excessive force. A district judge dismissed the case - holding that the force used was not excessive. The 10th Circuit reversed and reinstated Casey's claim. The opinion is Casey v. City of Federal Heights, et al, No. 06-1426 (December 10, 2007).
There's something to be said for the the single-bullet practice in Mayberry.
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