Buckley v. Haddock

292 Fed. Appx. 791 (11th Cir. 2008)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The incident at issue was captured by a police video camera. Rackard, a deputy sheriff stopped P for speeding. Financially destitute and homeless, P became agitated about getting a ticket. Plaintiff began to sob. P refused to sign the traffic citation. P was warned that if he did not sign the citation, he would be arrested. After the second warning, P said: 'arrest me.' P allowed himself to be handcuffed and then got out of his car. The deputy started to walk P to the patrol car. P then dropped to the ground behind his car, crossed his legs, and continued to sob. The Deputy asked P several times to stand up. P did not do so. The deputy tried to lift P, but he remained limp and did not stand. P was warned that a taser would be used. After giving P some time to comply, the deputy discharged the taser. The taser was used for approximately five seconds in the 'stun gun' mode. Again P did not comply when asked to stand. Again, the deputy warned P that the taser would be used. P still did not stand. After some time, the Deputy discharged the taser for another five-second burst. The Deputy called for backup. When the deputy returned, he ordered P to get up. P was warned again and given time to comply. The Deputy used the taser for the third time. P continued to resist moving to the patrol car. Once another police officer arrived, P complied. P suffered sixteen small burn marks on his back from the taser with some scarring. P claims he suffered emotional injury as well. P sued Deputy Rackard in his individual capacity, alleging that the deputy used excessive force in violation of the Fourth Amendment. Rackard moved for summary judgment on the basis of qualified immunity, which the district court denied. Rackard appealed.