No Fourth Amendment Violation For Tasing Suspect To Death.

In a bloody domestic violence situation, police used a taser on a suspect who would not release hold of a child. The suspect went into cardiac arrest and died. The district court granted summary judgment to the officers and the manufacturer. The Ninth Circuit affirmed, stating that courts must balance the nature and quality of the intrusion against the countervailing governmental interests at stake. While there was significant instruction upon the deceased’s Fourth Amendment rights, it was reasonable, the appeals court said. Marquez v. City of Phoenix (Ninth Cir.; September 11, 2012) (As Mod. October 4, 2012) (Case No.: 10-17156) 693 F.3d 1167.