context: The fact that the force used in the present case emanated from a taser, rather than from a more traditional device, is not dispositive. The use of any "unnecessary, gratuitous, and disproportionate force," whether arising from a gun, a baton, a taser, or other weapon, precludes an officer from receiving qualified immunity if the subject is unarmed and secured.
citation_a.signal: see also
citation_a.identifier: 523 F.3d 442, 449
citation_a.parenthetical: concluding that use of a taser to "punish or intimidate" a pretrial detainee is not objectively reasonable and is contrary to clearly established law
citation_a.sentence: See Park, 250 F.3d at 852-53 (concluding that an officer’s use of “pepper spray” to subdue an unarmed subject was irresponsible and excessive when the subject was not a threat to the officer or the public, and that the officer was not entitled to qualified immunity); see also Orem v. Rephann, 523 F.3d 442, 449 (4th Cir.2008)(concluding that use of a taser to “punish or intimidate” a pretrial detainee is not objectively reasonable and is contrary to clearly established law).
citation_b.signal: see
citation_b.identifier: 250 F.3d 852, 852-53
citation_b.parenthetical: concluding that an officer's use of "pepper spray" to subdue an unarmed subject was irresponsible and excessive when the subject was not a threat to the officer or the public, and that the officer was not entitled to qualified immunity
citation_b.sentence: See Park, 250 F.3d at 852-53 (concluding that an officer’s use of “pepper spray” to subdue an unarmed subject was irresponsible and excessive when the subject was not a threat to the officer or the public, and that the officer was not entitled to qualified immunity); see also Orem v. Rephann, 523 F.3d 442, 449 (4th Cir.2008)(concluding that use of a taser to “punish or intimidate” a pretrial detainee is not objectively reasonable and is contrary to clearly established law).