Is It Lawful for You to Be Tased when Already Subdued

Regarding Missouri law:

I was shot in the back with a taser as I lay face down on a stretcher on the floor with my hands cuffed (behind my back) and my feet also cuffed. I know this was an immoral, cowardly act; however, was it a legal act?
I've read that some tasers record data when they are used, that is, what time and date they were used, how long target individual was tased, etc. Are the police required to keep this info on record and if so, can it be accessed by the public (either through an attorney or The Freedom of Information Act)?

Were you on the floor or on the stretcher. Did this happen in a jail/correctional facility.

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Quoting stonefreelee63

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Regarding Missouri law:

I was shot in the back with a taser as I lay face down on a stretcher on the floor with my hands cuffed (behind my back) and my feet also cuffed. I know this was an immoral, cowardly act; however, was it a legal act?
I've read that some tasers record data when they are used, that is, what time and date they were used, how long target individual was tased, etc. Are the police required to keep this info on record and if so, can it be accessed by the public (either through an attorney or The Freedom of Information Act)?

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The FOIA applies to federal records, you need to find your state =.

If excessive/unreasonable force was indeed used you have a case, the facts need to be determined, and the officer's, if truthful, will bear out WHY you were tasered.

That aside, in back of the head, or ANY part of the head is a NO NO!

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Quoting stonefreelee63

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I was shot in the back with a taser as I lay face down on a stretcher on the floor with my hands cuffed (behind my back) and my feet also cuffed. I know this was an immoral, cowardly act; however, was it a legal act?

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The Taser has two modes: One where the darts are shot out and it strikes a suspect causing an electrical current to run between the two darts thus seizing the body up, and the other which can be called the "drive stun" mode where the device is placed without a cartridge onto the suspect utilizing short bursts to gain compliance (used like an old fashioned stun gun).

If you were cuffed and laying down, I cannot understand why the darts were used, but i suppose there could be some legal reasoning. The drive stun is more often used in this sort of situation if the suspect is refusing to comply such as rolling over, sitting up, standing, etc. If you were still screaming, fighting, spitting, kicking, head butting, or whatever, the use of the device could well be entirely lawful. if you were compliant, and the device was used as punishment rather than with any lawful purpose, then someone fouled up big time.

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I've read that some tasers record data when they are used, that is, what time and date they were used, how long target individual was tased, etc.

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ALL Tasers maintain that information.

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Are the police required to keep this info on record and if so, can it be accessed by the public (either through an attorney or The Freedom of Information Act)?

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As mentioned, the FOIA is a federal process. However, if you are initiating civil action against the city or county that used the Taser on you, your attorney can seek that information via discovery.

- Carl

You'll find information on Missouri's "Sunshine Law" here.

Thanks to all for your replies. I documented my entire story in my (I believe) first post. However, here are some quick answers:
To bigcountrysg: I was lying face down on a stretcher which was on the floor. Also, this happened at a 'counseling facility' which is part of a hospital complex.
To BOR: The entire incident was recorded on videotape. While laying face down hand and ankles cuffed, I sustained many kicks, jabs, punches (not sure what they were, but I felt them) to my ribs. After being tased (and a few other questionable occurences) I yelled, "Good thing this is all being video-taped, you c**k-s***ers!". I clearly heard one of the officers say, "Get the tape"...
The police report barely resembles what really happened and did not mention me being tased while lying face down, on the ground, etc. hands and ankles cuffed. What they did (there were seven of them) was wrong and they also participated in the ensuing cover-up, destruction of evidence, etc.
Now that the true document of evidence (other than my word) no longer exists (the tape), I am screwed.

To cdwjava: I was "shot" a total of five times by the twin darts. The first time was into my left breast, just above my heart. As soon as this happened, I immediately and instinctively ripped them out. In fact, I tore them out so quick that I dont think there was any shock. I was then rushed by seven police and hospital "security" officers.
I instinctively (after being shot the initial time and while being rushed by seven "peace officers) and in my mind, self-defense, punched the first individual that got within range. I was then overwhelmed and subsequently was shot three more times with taser prongs in my left, upper leg. I also ripped these out before I could be "juiced".
In my mind, the officers were pissed because their four attempts to tase me failed. When I was cuffed and defenseless is when they got their revenge. I was shot in my left, upper back and "juiced" for probably two minutes. I swear to God (or whomever you may believe in) that this is what happened. Oh yeah, dont forget, "Get the tape..."
Now the tape "no longer exists" (fancy that; convenient, huh?).

To Aaron: Thanks for the "Sunshine Law" info, appreciated.

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Quoting stonefreelee63

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To cdwjava: I was "shot" a total of five times by the twin darts. The first time was into my left breast, just above my heart. As soon as this happened, I immediately and instinctively ripped them out. In fact, I tore them out so quick that I dont think there was any shock.

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How did you do that if you were face down with your hands cuffed? How did they manage to get a dart in your chest and you managed to remove the dart when you were laying on your chest with your hands behind your back?? :confused:

Oh, and the moment they strike the charge begins. So, if they struck you and you were unaffected, then it would appear that at least one of the darts did not make proper impact.

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I was then rushed by seven police and hospital "security" officers.
I instinctively (after being shot the initial time and while being rushed by seven "peace officers) and in my mind, self-defense, punched the first individual that got within range. I was then overwhelmed and subsequently was shot three more times with taser prongs in my left, upper leg. I also ripped these out before I could be "juiced".

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I think we're seeing a pattern here as to why you might have been Tased in the first place. The fact that you were cuffed and your legs were bound sort of gives some insight as to your behavior up to this point.

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In my mind, the officers were pissed because their four attempts to tase me failed. When I was cuffed and defenseless is when they got their revenge. I was shot in my left, upper back and "juiced" for probably two minutes.

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If, after you were subdued and compliant, you were hit with the Taser as punishment, then that would be unlawful. But, there could well be a lawful reason to hit you with it. If entirely subdued and compliant, I would doubt there exists any good cause, but it will depend on the officers' articulation.

Oh, and I seriously doubt that it would have been anywhere NEAR two minutes. That would have required 24 bursts ... not too likely. The longest I have ever heard of was something like 45 seconds and that was on a training video and against an actively combative and handcuffed suspect in a police vehicle.

Note that the "sunshine law" may not apply to records the agency does not possess. If it is like the law in my state, it requires us to release certain info that we already possess, but it does not require us to create a record just to supply it upon request. Since the Taser record is not commonly printed out as it is recorded within the device, it may not be subject to a public records' request. It may require your initiating a civil action against the agency involved so that your attorney can obtain this info via discovery.

I have to ask, what charges were you arrested for?

- Carl

Theoretically, it could be unlawful... but they won't get charged... they get away with it even when they kill people... some episodes of COPS include situations like yours, but it's hard to believe that any cop suffered any consequences...

Ripping out taser darts and punching security/LEO is active resistance. Using a Taser in such a situation is not unreasonable. How could you have been punching and ripping out darts, if you were cuffed? After all of that fighting, you just laid down and complied, right?