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https://kuscholarworks.ku.edu/bitstream/handle/1808/20203/04_McKechnie_Final.pdf?sequence=1
Electronic copy available at: http://ssrn.com/abstract=2122512
Don’t Daze, Phase or Lase Me, Bro! Fourth Amendment Excessive-Force Claims, Future Nonlethal Weapons, and Why Requiring an Injury Cannot Withstand a Constitutional or Practical Challenge – Douglas B. McKechnie*
I. INTRODUCTION
Imagine a person in agonizing pain. He cannot move. He cannot remember where he is or what he was doing before this moment. He cannot focus on anything but this piercing, all-encompassing sensation and his inability to control his body. Just as he begins to come around, the pain explodes again.
Gradually, the feelings subside. He hears shouting as he regains his bearings and realizes he is in handcuffs. Slowly, he begins to piece together what happened.
He approached a stop sign in an unfamiliar part of town. Out of the corner of his eye, he saw a police officer turn on her lights and siren. After stopping his car, he got out to ask the officer for directions. As he approached her car, she jumped out, pointed an unusual-looking rifle at him, and ordered him to stop. Unbeknownst to him, his car was similar to one that had recently been used in a bank robbery. Confused, he continued to approach the officer’s car, and she discharged her weapon. He remembers struggling to stay on his feet and escape the weapon’s reach. As he struggled, the police officer discharged her weapon again.
As a result of his experience, he files a lawsuit alleging that the officer used more force than was necessary under the circumstances.
Read the rest of the article here:
https://kuscholarworks.ku.edu/bitstream/handle/1808/20203/04_McKechnie_Final.pdf?sequence=1
Posted by Helena Csorba rfhurtslife@gmail.com