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Tort/Negligence – Excessive Force – Taser — Public Official Immunity – Malicious Prosecution — Constitutional (access required)

DeBaun v. Kuszaj A product warning accompanying the defendant-police officer’s taser says that “loss of control [as a result of taser probe deployment] can in some circumstances increase the risks of serious injury or death resulting from the loss of balance [or] falls.... Especially at risk are persons: ... Who are running”; nevertheless, the defendant-city’s police department only prohibits using tasers on elderly persons, pregnant women, visibly frail persons, any person who is in control of a vehicle in motion, or any person who is in a position which creates the likelihood for additional injury other than those created by the effects of the taser.

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