485 F. App'x 92
6th Cir.2012Background
- Officers responded to welfare check for 19-year-old Caie, who was intoxicated, suicidal, and under psychiatric care.
- Caie had consumed alcohol and Paxil, attempted self-harm, and planned to drown himself in a lake.
- Family tried to transport Caie to a hospital; Caie resisted and attempted to flee, including attempting to drive away.
- Dailey, Tilli, and Koziarski arrived; Caie was in a water and then on shore, remaining uncooperative.
- Tilli signaled the need to gain control; he used a taser after others failed to secure Caie, with probes missing initially.
- Caie was taken to the ground, handcuffed after being tased in drive-stun mode, and transported to the hospital; Caie later sued under §1983.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the taser use reasonable under the Fourth Amendment? | Caie argues no arrest for a crime and non-resistance; taser was unnecessary. | Officers faced a highly intoxicated, suicidal, uncooperative subject; taser helped gain control. | Not violated; use was objectively reasonable. |
| Do Garner factors support the taser use? | Caie posed no immediate threat after subdual and was not fleeing. | Caie posed potential threat due to intoxication, suicidality, and attempts to flee. | Garner factors support the use to gain control. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness under Fourth Amendment in force continuum)
- Tennessee v. Garner, 471 U.S. 1 (1985) (flight or threat considerations in use-of-force analysis)
- Scott v. United States, 436 U.S. 128 (1978) (objective reasonableness standard guidance)
- Terry v. Ohio, 392 U.S. 1 (1968) (split-second judgments in policing)
- Kijowski v. City of Niles, 372 F. App’x 595 (2010) (single taser use not unreasonable absent compelling justification)