Recently Judge Android and a trio of First Department Judgettes declared that it was A-OK for the cops to Taser a man who was violently objecting to their “trying to help him” after his girlfriend told them he’d had a seizure, by handcuffing him behind his back, hog-tying him to a stretcher, and carting him out of his apartment to the hospital. Obviously an “emotionally disturbed” nutcase who thought his health was his own business. Pacheco v. City of NY and P.O. Lopez.
According to the First Department, Tasering people who are so emotionally disturbed as to resist medical treatment alla polizia is a constitutionally reasonable use of force. Why? Because the NYPD Patrol Guide says so.
Courts all over the country are smiting their collective foreheads. Why didn’t we think of that? Instead of all those time-wasting suppression hearings and civil rights trials, just ask the police what conduct is constitutionally acceptable. After all, if correcting judicial errors is entirely up to the judiciary, why shouldn’t the same apply to the cops?
Thanks and a tip o’ the hat to civil rights blogger-squawker Andrew Stoll, Esq.