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Liability against Taser for Negligence Upheld but $5.5 Million Damages Award Reversed
Loaded on Aug. 27, 2015
by David Reutter
published in Prison Legal News
September, 2015, page 56
Filed under:
Cardiovascular,
Stun Guns/Tasers,
Damages,
Failure to Train/Supervise,
Excessive Force (Wrongful Death).
Location:
North Carolina.
Liability against Taser for Negligence Upheld but $5.5 Million Damages Award Reversed
by David M. Reutter
In November 2013, the Fourth Circuit Court of Appeals upheld a jury’s finding that Taser International was liable for negligence in the death of a teenager tased by a police officer. …
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More from this issue:
- Life Without Parole, by Beth Schwartzapfel
- News in Brief
- Legislation Removes Secrecy from Georgia Parole Board’s Proceedings, Decisions, by David Reutter
- From the Editor, by Paul Wright
- Delaware: Drop in Prison Phone Rates Called a “Drop in the Bucket”, by Derek Gilna
- Is Texas Poisoning Prisoners with Contaminated Water?, by Panagioti Tsolkas
- Texas County Pays Prisoner’s Family $214,500 for Wrongful Death
- Mandamus Improper Remedy to Challenge Illinois DOC’s “Violating at the Door” Policy, by David Reutter
- Prisoners Pay Millions to Call Loved Ones Every Year. Now this Company Wants Even More, by Ben Walsh
- Jails in Trouble as IRS Investigates Tax-Exempt Bonds, by Matthew Clarke
- Nevada: Federal Suit over Shackling of Pregnant Prisoner Settles for $130,000 and Policy Changes, by Matthew Clarke
- BOP Ordered to Pay Prisoner’s Attorneys $41,703 for Discovery Abuses, by Derek Gilna
- British Banking Giant Fined for Laundering Mexican Drug Money Through U.S. Banks, by Matthew Clarke
- Two Reports Find at Least 54 Countries Complicit in Secret CIA Prisons, by Matthew Clarke
- Alabama: Settlement to Integrate HIV-Positive Prisoners Finalized, by David Reutter
- Former New York Prisoner Receives $3,375,000 Settlement for Wrongful Conviction, by Derek Gilna
- $290,000 Judgment for Failure to Treat Ruptured Appendix Affirmed, by David Reutter
- Mental Health Care in South Carolina Prisons Found Unconstitutional, by David Reutter
- Ninth Circuit Orders New Trial in “Pink Underwear” Lawsuit; Case Settles for $240,000, by Mark Wilson
- Social Impact Bonds in Criminal Justice: A Deal We Can’t Refuse?, by Jennifer R. Zelnick
- Oregon Workgroup Recommends Strategies to Deal with Prison Medical Care Costs, by Mark Wilson
- Federal Court Orders Cameras to Cover Blind Spots at North Carolina Prison, by David Reutter
- Rejecting Foreign Language Letters after Interpretation May Violate Prisoner’s Rights, by David Reutter
- $400,000 Settlement in New Jersey Juvenile Solitary Confinement Suit, by Derek Gilna
- Illinois Supreme Court Affirms Supervised Release Period Despite Sentencing Omission, by Derek Gilna
- Vermont Newspaper Defends Hiring Reporter with Sex Offense Conviction, by Matthew Clarke
- Former Illinois Drug Court Judge Gets Prison Time Following Fellow Judge’s Fatal Overdose, by Joe Watson
- How U.S. Prison Officials Rubberstamped a CIA Torture Chamber, by Carl Takei
- Seventh Circuit Upholds Wisconsin Sex Offender Registration Fee, Names John Doe Plaintiffs, by Derek Gilna
- Fourth Circuit Finds Strip Searches and Delousing of Arrestees Constitutional, by Lonnie Burton
- Prison Legal News Wins FOIA Appeal Against BOP, by Derek Gilna
- Washington Prisoner Granted Injunction Ordering Outside Orthopedic Evaluation, by Mark Wilson
- Seventh Circuit: New Trial for Wrong Legal Standard in Jail Death Case, by Mark Wilson
- Texas Prisoner Held in Prison 35 Years after Conviction Vacated, by Matthew Clarke
- Corporations You’ve Never Heard of are Making Millions from Mass Incarceration, by James Kilgore
- Illinois University Faculty Member and PLN Contributor Fights for His Job after Opposing New County Jail, by Joe Watson
- Vice President’s Son Discharged from Navy Due to Drug Use, by Christopher Zoukis
- Michigan: Perjured Testimony at Trial Results in Habeas Relief, but Reversed on Appeal, by David Reutter
- Court Denies Challenge to D.C. Sex Offender’s Website on Registry Officials
- Terrorism Suspect Moves to Suppress Statements Made to FBI due to Torture Threats, by Matthew Clarke
- Tennessee Jail Considers Charging for Toilet Paper, Underwear, by Christopher Zoukis
- Automatic Placement of Death Row Prisoner in Segregation Does Not Violate Due Process, by David Reutter
- ACLU Awarded $50 Million to Help End Mass Incarceration, by Christopher Zoukis
- Seventh Circuit Reverses Verdict when Prisoner Not Allowed to Poll Jury, by Derek Gilna
- Liability against Taser for Negligence Upheld but $5.5 Million Damages Award Reversed, by David Reutter
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.
- Tenth Circuit Upholds $33 Million Jury Award in Suit Over Detainee’s Horrific Death in Oklahoma County Jail, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- San Diego Guard Who Fatally Shot Fleeing Detainee Sentenced to 12 Years in Prison, July 1, 2026. Police Misconduct, Shootings, Excessive Force (Wrongful Death), Excessive Force (Police), Wrongful Use of Force.
- Warden, Four Other Louisiana Jailers Indicted for Brutalizing Compliant Detainees with Riot Shield, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Wrongful Use of Force.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- Taser Use Doubled After Grand Jury Report on Pennsylvania Prisoner’s Death, May 1, 2026. Failure to Treat, Stun Guns/Tasers, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Staff Training.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Negligence, Lack of Training at Ohio’s Cuyahoga County Jail Led to String of Deaths, May 1, 2026. Systemic Medical Neglect, Drug Overdose, Jail Specific, Failure to Train/Supervise, Medical Neglect/Malpractice.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.

