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Buckley v. Haddock

292 Fed. Appx. 791 (2008)

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Buckley v. Haddock

United States Court of Appeals for the Eleventh Circuit

292 Fed. Appx. 791 (2008)

Facts

Jesse Buckley (plaintiff) was arrested by Deputy Jonathan Rackard (defendant) as a result of a traffic stop during which Buckley refused to sign the citation. Rackard arrested Buckley by putting handcuffs on Buckley and then directing Buckley to exit his vehicle and get into the police car. Buckley started to comply but then purposely fell to the ground near the police car and refused to get up. Rackard ordered Buckley to get up and get into the police car multiple times, then told Buckley that Rackard would use a Taser gun if Buckley continued to stay on the ground. Buckley did not get up, and Rackard fired the Taser gun. Rackard ensured that the electrodes of the gun maintained contact with Buckley even as he moved around in pain. Within a very short period of time, Rackard repeated this two more times. After the third shock from the Taser gun, Rackard called for backup. When backup arrived, Rackard and the other police officer physically moved Buckley into the police car. Buckley had 16 small burns and scarring on his skin. Buckley sued and alleged the use of excessive force in violation of the Fourth Amendment. Buckley alleged that the repeated use of a Taser on a nonviolent and detained arrestee was excessive and unconstitutional. The trial court denied Rackard’s motion for qualified immunity, and Rackard appealed.

Rule of Law

Issue

Holding and Reasoning (Edmondson, C.J.)

Dissent (Martin, J.)

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