Another Taser-Related Death Prompts Excessive Force Inquiry
Over 350 people have died in the United States after being tased. Tragically, that number just got higher.
Allen Kephart died after being tased about eight times by San Bernardino Sheriff’s deputies at a Crestline gas station. The cops contend that Mr. Kephart became combative after a traffic stop, thus justifying use of “less-lethal” force. But Kephart’s father – himself a volunteer member of the Sheriff’s Rangers – describes his son as peaceful and hard working.
Kephart weighed 350 pounds and had high-blood pressure. Dangers associated with taser use increase when the target has certain heart conditions.
We have not heard the last of this unfortunate story. As the police investigate, they will need to ask a key question: Did the deputies’ use of the taser constitute excessive force under the circumstances?
Tasers are considered an intermediate use of force and their use by law enforcement is subject to scrutiny under the Fourth Amendment.
The test for whether use of a taser constitutes excessive force is whether a reasonable police officer would have felt the need to use such force given the totality of the circumstances, including the severity of the alleged crime, the threat to public safety and the resistance of the subject.
