Dear Jon:

My cousin was arrested in November, 2004 while extremely psychotic and intoxicated. He died while in police custody after he received 4 electro-shocks from the arresting officer's Taser gun. The police say that he was combative and uncooperative, which may be true, but shocking him to death with a Taser gun seems excessive. Obviously, my family is distraught. What do you think?

--Stunned in Lakeview

Dear Stunned:

First let me say how sorry I am for your loss. There is no excuse for the use of excessive forceunder any circumstances. In fact, the authors of the United States Constitution saw it that way too; we are protected from excessive force under the Fourth Amendment.

More that 5,000 U.S. law enforcement agencies are currently deploying Tasers. Police claim that Tasers provide a less deadly alternative to firearms for subduing suspects. But recent injuries and deaths have prompted law enforcement agencies and the public to question the weapons' safety.

Tasers temporarily incapacitate a suspect by firing metal barbs that deliver 50,000 volts of electrical charge into the body, causing muscles to contract involuntarily. They can also be applied directly to the skin as a stun gun.

Electro-shock weapons are particularly open to abuse as, portable and easy to use, they can inflict severe pain at the push of a button without leaving substantial marks. Research has found that many police agencies are using Tasers as a routine force option to subdue unarmed, non-compliant individuals who do not pose a serious danger. According to the Fourth Amendment, to justify the use of force, the suspect must pose an immediate threat to the safety of the officers or others.

So clearly, it would constitute illegal excessive force for the use of Tasers upon intoxicated or mentally disabled individuals involved in disturbed but non-life-threatening behavior; and certainly for unarmed suspects fleeing minor crime scenes and people who argue with officers or fail to comply promptly with commands.

Please keep in mind that there are time limits within which you must commence suit.

--Jon

**Jon Erickson is a partner at the law firm of ERICKSON & OPPENHEIMER. Submit your question at 773-875-4646**