Fourth Circuit Issues a Major Opinion on the Use of Tasers

On January 11, 2016, the Fourth Circuit decided Armstrong v. Village of Pinehurst, a major case concerning the use of tasers by law enforcement officers. The opinion is here. This post summarizes the opinion and explores its implications. Facts. Ronald Armstrong was mentally ill. Concerned about his erratic behavior, his sister took him to the local hospital, but he fled the emergency department. A doctor issued involuntary commitment papers, finding that Armstrong was mentally ill and a danger to himself. The doctor did not find that Armstrong was a danger to others. The police were called during this time. Three officers arrived at the hospital and found Armstrong at an intersection outside the facility. They talked with Armstrong while awaiting the completion of the commitment order. Armstrong was “acting strangely,” including “eating grass and dandelions . . . and put[ting] cigarettes out on his tongue.” Two hospital security officers and Armstrong’s sister were also present. As soon as they learned that the commitment papers were complete, the three police officers surrounded and advanced toward Armstrong -- who reacted by sitting down and wrapping himself around a four-by-four post that was supporting a nearby stop sign. The officers tried to pry Armstrong’s arms and legs off of the post, but he was wrapped too tightly and would not budge. After the “stalemate” had lasted about 30 seconds, the officers told Armstrong that he would be tased if he did not let go of the post. Armstrong did not let go, and one [...]