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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:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- 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
More from these topics:
- $700,000 Paid by West Virginia for Jail Death, Claims Against Wexford Health Pending, Oct. 1, 2026. Wexford Health Services, Restraints, Settlements, Excessive Force (Wrongful Death), Deliberate Indifference.
- $5 Million Paid by Washington for Attempted Rape of Seattle Woman by Mentally Ill Prisoner Released to Halfway House, Oct. 1, 2026. Settlements, Failure to Train/Supervise, halfway houses, Criminal Sexual Abuse, Prison Classification.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- $4,000 Awarded to Ohio Prisoner for Denied Records Requests, Oct. 1, 2026. Damages, Retroactivity, Public Records Act, Statutory Construction/Interpretation.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- $800,000 Settlement Reached in Hawai‘i Jail Suicide Case, Sept. 1, 2026. Staffing, Failure to Train/Supervise, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- New Commission to Investigate Death and Abuse of 230 Black Children at Segregated Maryland Reformatory, Sept. 1, 2026. Racial Discrimination, Prison Labor, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Juvenile Prisons.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- Michigan DOC Legal Payouts Top $7 Million in FY 2025, Less than One Percent of $2.15 Billion Operating Budget, Sept. 1, 2026. Statistics/Trends, Cost of Prison Systems, Damages, Settlements.

