New 'Miranda Rights' against taser abuse,"

"These are new 'Miranda Rights' against taser abuse,"
says Atty. Francis L. Holland

There's been a ground-breaking decision by the 9th Circuit US Federal Court of Appeals against taser abuse, entitled Bryan v. McPherson.  This decision was announced on December 29th, between Christmas and New Years holidays but it deserves our immediate attention and dissemination via our EasyWidgets:

The decision writes into federal caselaw many of the arguments and advocacy that we afrosphere bloggers have been making at our Days (months and years) of Blogging for Justice Against Police Pre-Trial, Extra-Judicial "Taser" Shock, Electrocution and Execution devices.  The Easy-Widget HTML code below enables us to educate the public of their newly announced rights.

The 9th Circuit Federal Court of Appeals agreed with us that:

". . . we must “balance the amount of force applied against the need for that force.”  Bryan v. McPherson, 9th Cir. Fd. Ct. App., December 29, 2009.

This decision has direct legal effect throughout the 9th Circuit, consisting of populous California, Alaska, Washington, Montana, Oregon, Idaho, Arizona, Hawaii and Guam, and influential in other parts of the country.  Nearly 20% of America's population is within the jurisdiction of the 9th Circuit.  The Court announced what we have long insisted:

"A reasonable police officer . . . would have foreseen these physical injuries when confronting a shirtless individual standing on asphalt. We have held that force can be unreasonable even without physical blows or injuries." Bryan v. McPherson

We've got widgets up at 123 afrosphere blogs telling the public that, in many cases, when "Tasers" are used, "The price is too high". Now, lets post Easy-Widgets to inform the public that one of the most influential federal circuit courts of appeal in the country agrees with us that:

"The presence of non-minor physical injuries like those suffered by Bryan, however, is certainly relevant in evaluating the degree of the Fourth Amendment intrusion."  Bryan v. McPherson

Let's celebrate! Here's a new EasyWidget that takes readers to our anti-electrocution blogs. This Easy-Widget HTML (immediately below) links to Electrocuted While Black, but there are visibly identical widgets below that lead to Tasered While Black and the Police Brutality Blog.

The result is better than that for which many of us had hoped. Instead of arguing locally for changes to voluntarily enforced police taser policy, Bryan's lawyers in this case, and bloggers making similar arguments, convinced the 9th Circuit Federal Appeals Court to write these requirements and limitations into Federal caselaw, which is probably faster, better and politically safer than having the restrictions enacted into law by the US Congress. 

Afrosphere bloggers and the Ninth Circuit encourage other circuits to follow this example by observing that:

"We, along with our sister circuits, have held that tasers and stun guns fall into the category of non-lethal force.   Non-lethal, however, is not synonymous with non-excessive; all force—lethal and non-lethal—must be justified by the need for the specific level of force employed."   Bryan v. McPherson

Not everyone -- blogger or reader -- has had a chance to read the whole Bryan v. McPherson case. So, the Easy-Widget quotes the most powerful language of the decision and links to our afrosphere blogs for more information.

In Bryan v. McPherson, the 9th Circuit Federal Appeals Court basically wrote into federal caselaw many of the arguments that we taser opponents have been arguing. But this is better than what many of us had sought, because instead of it being a change in local optionally enforced "guidelines," it's a change in obligatorily obeyed federal case law for the states in the 9th Circuit, and also, as the decision alludes, the 9th Circuit has enormous influence on other "sister" circuits courts.

Please join Electrocuted While Black in celebrating this decision by posting a widget that tells readers their rights and takes them to a blog where they can learn more, be it Electrocuted While Black or the Police Brutality Blog. Installation of the Easy-Widget below is a quick and easy way to quote some of the best parts of the case for your readers.

References:

http://www.mcclatchydc.com/251/story/81381.html

http://www.ca9.uscourts.gov/datastore/opinions/2009/12/28/08-55622.pdf

http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000135

http://www.widgetbox.com/widget/stop-the-electrocutions-and-executions-175px

http://police-brutality-blog.blogspot.com/2009/12/important-taser-case-is-must-read-for.html

http://www.pamshouseblend.com/diary/14353/stop-taser-torture-blogging-for-justice-day

http://www.pamshouseblend.com/diary/13151/taser-abuse-how-many-have-to-die-before-something-is-done-about-it

http://francislholland.blogspot.com/2009/12/important-taser-case-is-must-read-for.html

http://stoptasertorture.wordpress.com/about/

http://www.google.com/search?hl=en&source=hp&q=taser+abuse&btnG=Google+Search

http://www.google.com/search?hl=en&q=%22Day+of+Blogging+for+Justice%22+taser&btnG=Search&aq=f&oq=&aqi=

http://www.google.com/search?hl=en&q=%22Tasered+While+Black%22&btnG=Search&aq=f&oq=&aqi=

Police in Texas taser torture for low-level, non-violent misdemeanors like disruption of class or disorderly conduct

According to Cameron Langford at the Court House News Service, Police in Texas public schools are increasingly using force against children, including Tasers and pepper spray, and the "overwhelming majority" of police "interventions" involve "low-level, non-violent misdemeanors like disruption of class or disorderly conduct," a public interest group says.
     Texas Appleseed claims the Spring Branch Independent School District is putting students at risk and violating the law by refusing to release its "use of force" policy.
     More than 75 percent of Spring Branch, a suburb northwest of Houston, is black or Latino. The school district claims its use of force policy is exempt from disclosure because of the exception for law enforcement.
     Texas Appleseed says it sent open records requests to 24 Texas school districts, seeking their police departments' use of force policies, and 11 produced the documents. The group say its investigation revealed accounts of police in Texas public schools using pepper spray and Tasers on students.
     "The public interest in ensuring full dialogue around policies relating to use force on Texas school children outweighs any risk to SBISD-PD's ability to affect arrests or engage in law enforcement on its campuses," Texas Appleseed says in its complaint in Harris County Court.
     Appleseed says that reports of Texas school police using pepper spray and Tasers on school children are becoming more common. It says the data its has received shows the "overwhelming majority of law enforcement interventions on Texas school campuses involve school-aged children cited or arrested for low-level, non-violent misdemeanors like disruption of class or disorderly conduct."   Read More HERE

TWB Publisher says: I'm glad to see that a watchdog group wants Info on Police Use of Force Against Schoolkids. It's time to stop the torture of school children in our public school system. Where is the U.S. Department of Justice when we need them to protect our children? Texas is not the only state torturing our children. 

ENOUGH is ENOUGH 

Join up with:

• Black Perspective.net
• Black Women In Europe
• Charly Miller 's Taser Collection of Articles of Tasers
• Educate yourself about tasers
• Electronic Village
• Excited-Delirium
• From My Brown Eyed View
• It All Goes Here
• No More Tasers
• Pam's House Blend
• Petition for Congressional Hearing on Taser Torture
• Petition to Ban Taser Use by Police in U.S.
• Police-brutality Blog
• Prevent Dangerous Harm
• Stop Taser Torture
• Taser Deaths In Canada
• Taser Deaths.org
• Taser Watch
• Taser.org.uk
• Tasered While Black
• The Duck Shoot
• The Superspade
• Truth Not Tasers
• THE INTERSECTION OF MADNESS & REALITY 
  

Sign up now! 

Let's build a blogger movement to stand in the gap for our children!

Congressional Black Caucus Members Under Investigation

The Washington Post is reporting that House ethics investigators have been scrutinizing the activities of more than 30 lawmakers and several aides in inquiries about issues including defense lobbying and corporate influence peddling, according to a confidential House ethics committee report prepared in July.

Dozens in Congress under ethics inquiry

Ellen Nakashima and Paul Kane staff writers with the Washington Post are reporting the a number of members of the Congressional Black Caucus are being investigated for defense lobbying and corporate influence peddling, according to a confidential House ethics committee report prepared in July.

Rep. Charles Rangel . (AP Photo)

The document also disclosed that ethics committee staff members have interviewed House Ways and Means Chairman Charles B. Rangel (D-N.Y.) about one element of the complex investigation of his personal finances, as well as the lawmaker's top aide and his son.

Rangel said he spoke with ethics committee staff members regarding a conference that he and four other members of the Congressional Black Caucus attended last November in St. Martin. The trip initially was said to be sponsored by a nonprofit foundation run by a newspaper. But the three-day event, at a luxury resort, was underwritten by major corporations such as Citigroup, Pfizer and AT&T. Rules passed in 2007, shortly after Democrats reclaimed the majority following a wave of corruption cases against Republicans, bar private companies from paying for congressional travel.

According to Wapo Rangel said he has not discussed other parts of the investigation of his finances with the committee. "I'm waiting for that, anxiously," he said.

There is more.. According to Wapo, Politico, and The LA Times, the committee did not detail the two newly disclosed investigations. However, according to the July document, Rep. Maxine Waters, a high-ranking member of the House Financial Services Committee, came under scrutiny because of activities involving OneUnited Bank of Massachusetts, in which her husband owns at least $250,000 in stock. Waters arranged a September 2008 meeting at the Treasury Department where OneUnited executives asked for government money. In December, Treasury selected OneUnited as an early participant in the bank bailout program, injecting $12.1 million.

AAPP: Voters in their congressional districts need to take a hard look at these Corrupt Congressional Black Caucus members. It just may be time to throw these folks out of office. I know if any of them were representing me, I would vote them out of office in a heartbeat. I guess Cathy Hughes would do the same thing. If I were Obama I would not meet with the Congressional Black Caucus until they stop standing up for crooks, get there act together and purged those who bring the group into disgrace.

I'm also getting a bit tired of these Congressional ethics inquiries, that have been dragging on for sometime despite vows to end corruption.

I guess I can understand why some democrats are worried that one of their own could cost them their jobs.

Stop Taser Torture - Blogging For Justice - Dec 4 2009

Source: correntewire.com

The stats only tell part of the story. I'm glad to note that there will be a annual December 4th blogging event called, “Stop Taser Torture, blogging for Justice.”

The goal is to unite the world’s bloggers in posting about the same issue on the same day – Taser Torture in America, Canada and throughout the world.

Amnesty International says that between 2001 and August 2008, 334 Americans died after Taser shocks. The stun gun was deemed to have caused or contributed to at least 50 of those deaths, Amnesty says, citing medical examiners and coroners. Most suspects were unarmed, and many were subjected to repeated or prolonged shocks, according to Amnesty. The human rights group has called for governments to limit the use of stun guns or suspend their use. In November 2007, the UN Committee Against Torture released a statement saying “use of Taser X26 weapons, provoking extreme pain, constituted a form of torture, and… in certain cases, it could also cause death.”

Join in on December 4th. “Stop Taser Torture, blogging for Justice.” as we raise awareness and trigger a global discussion.

Contact us at: StopTaserTorture@gmail.com to register your blog.

Visit: Stop Taser Torture

Tasers, Taser International and messages of the Heart

Well it looks like Taser International has said Uncle. The Makers of TASER devices say don't aim at chest. As reported by many bloggers, including the Electronic Village, news outlets and internet sources, Taser maker Taser International is advising police agencies across the nation to avoid aiming the devices at a suspect’s chest. The Arizona-based company says such action poses an “extremely low” risk of an “adverse cardiac event.” The Atlanta Journal reports that Law enforcement in Atlanta, Gwinnett and Clayton County said they are in the process of scheduling training for their officers who carry Tasers.

“It won’t be a huge change. It’s a difference of a few inches,” said Sgt. Tony Kessler, a training officer for the Clayton County Sheriff. “We still have the back and other parts of the body.”

Gwinnett Police spokesman Cpl. David Schiralli said the Taser manufacturer only “recommended aiming lower towards the abdominal region,” but said the 279 officers who have Tasers will be retrained.

Cobb County Police are already ahead of the game, spokesman Officer Joe Hernandez said. Cobb’s 100 Tasers are carried by only veteran patrol officers, the Tactical Team, Burglary Apprehension Team and robbery interdiction squad. More HERE

The advisory, issued in an Oct. 12 training bulletin, marks the first time that Taser has suggested any risk of ill effects on the heart from the use of its 50,000-volt stun guns. More HERE

Electronic Village reports, Taser International, the maker of taser guns is advising police officers to avoid shooting suspects in the chest with the 50,000-volt weapon, saying that it could pose an extremely low risk of an "adverse cardiac event."

The advisory, issued in an Oct. 12 training bulletin, marks the first time that Taser has suggested any risk of ill effects on the heart from the use of its 50,000-volt taser guns.

Electronic Village goes on to report that critics, including civil-rights lawyers and human-rights advocates, called the training bulletin an admission by Taser that its guns could cause cardiac arrest. For years, Taser officials have said in interviews, court cases and government hearings that the stun gun is incapable of inducing ventricular fibrillation, the chaotic heart rhythm characteristic of a heart attack. More HERE There have been more than 400 deaths in the U.S. and 26 in Canada since 2001, according to a study by the Canadian Broadcasting Corporation. Tasers have contributed to more than 30 of those deaths, according to medical examiners.

Three of those occurred in the Gwinnett County jail after deputies used a Taser on combative inmates. Autopsies showed two of those deaths were the result of heart attacks, but did not cite what caused the cardiac arrest. The other death was ruled the result of “excited delirium” – a combination of cocaine, alcohol and physical exertion that excited his heart too much, according to the medical examiner.

A spokeswoman for the Gwinnett sheriff said Taser International's training bulletin has already been sent out to all of the deputies who carry Tasers. More HERE

"All future training will have it incorporated too," sheriff's spokeswoman Stacey Bourbonnais said Thursday.

The Publisher of the Tasered While Black Blog said: "Well it looks like this announcement by Taser International is having major impact on law enforcement standard operating procedures. Let's see if it make any difference on the streets of Amderica, or will cops actually aim at the chest in the future, as a way of killing people."

Boulder, Colorado ACLU wants Tasers holstered

New Guidelines For APD On Taser Gun Use - Albuquerque News Story

Metro Police Change Taser Policy

Police rethink stun-gun policy

Read more on tasering at the following blogs.

• Police Brutality Blog
• Electronic Village
• a. cameron ward & company, barristers and solicitors
• canadian civil rights movement
• cbc - a deadly landing
• cbc - taser database
• cbc - taser tests
• cbc - the truth about tasers
• charly miller - tasers
• creekside
• don't tase me bro
• educate-yourself
• electronic village
• evidunce (new)
• excited-delirium
• feral cops (new)
• getting it right
• it all goes here
• no more tasers
• petition - outlaw law enforcement use of tasers
• prevent dangerous harm
• RAIDH (France)
• setting fantino straight
• stat - stop taser abuse today
• taser nation
• taser org uk
• tasered while black
• tasered while latino (new)
• taserfilm (new)
• taserwatch
• the duck shoot - taser-watch (new)
• the taser deaths blog
• Taser of The Day/
• Gizmodo
• Truth Not Tasers
• Taser Watch
• Excited-Delirium

The First Race Card Nobel Peace Prize

The headlines say it all. Obama gets reward for world view - BBC News, Obama Strikes Gold - The Washington Post, The Nobel Prize, and Europeans' Views of America.

President Barack Obama won the 2009 Nobel Peace Prize on Friday for "his extraordinary efforts to strengthen international diplomacy and cooperation between peoples," the Norwegian Nobel Committee said, citing his outreach to the Muslim world and attempts to curb nuclear proliferation.

AAPP: I'm with so many Americans on this one. I'm wondering what did President Barack Obama do to win the Nobel Prize. What did he really do? Did he really win because he is the first black to win the Presidency of the United States? If so, this will be the first "Race Card-Nobel Prize." Barack has not solved the color arousal problem in America, Stopped the War on Afghanistan, or brought Peace to the Middle East, So... What did Obama do to get the Nobel Peace Prize?

As reported by the Huffington post, The stunning choice made Obama the third sitting U.S. president to win the Nobel Peace Prize and shocked Nobel observers because Obama took office less than two weeks before the Feb. 1 nomination deadline. Obama's name had been mentioned in speculation before the award but many Nobel watchers believed it was too early to award the president. More HERE

The bloggers are going off the chain reporting on how Obama's Nobel win stuns even the White House as President Barack Obama follows Al Gore by obtaining this high honor.

OK, Don't hate me for saying this, and I know Archbishop Desmond Tutu and many others may disagree with me, but I don't get why he received the Nobel prize, but I'm not going to join the idiots and right wingers who an online petition that protests Obama's Nobel win.

Yes, there are many bloggers, including black bloggers like AverageBro.com who wonder why Barack Obama has won the Nobel Peace Prize? Some are wondering if Barack Obama received a Nobel-Prize for his teleprompter skills? Candidly I don't think Obama's Nobel Prize is tarnished as some right wingers think.

I salute and congratulate our President for winning the Nobel Peace prize, I just wonder out loud why he received the prize for his outreach to the Muslim world and attempts to curb nuclear proliferation.

As the Financial Times points out— “It is hard to point to a single place where Obama’s efforts have actually brought about peace.”

The Times of London, is right! The Nobel committee has made a mockery of the award.

Candidly, I would like to see our President outreach into communities like New Orleans here in the US of A and attempt to curb black on black gun violence, tasering of Americans by police and gun proliferation in America, particularly in the African American communities. Then he would be a Nobel Peace Prize winner of the caliber of Martin Luther King, Jr.

Until then, This Prize is nothing more than the first "Race-Card Nobel Peace Prize."

That's my opinion... and I could be right.

African American Political Pundit is a regular contributor to this blog.

NAACP Joins Fight For Federal Taser Standards

The Publisher of Tasered While Black says: Finally the National Office of the NAACP is discussing the issue of Black folks getting Tasered While Black. We salute the fact that Ben Jealous has joined in this fight. I hope that the National office of the NAACP's new involvement is sincere, and is not just another PR effort that they have been famous for in the past.

Let's see if the NAACP will join the already established effort of the Afrospear and Tasered While Black to gain a Congressional Taser Hearings or will they go it alone, and establish a new effort for PR purposes... Only time will tell.

Benjamin Jealous

As reported on the NAACP Website and the Afro Newspaper in Baltimore Maryland, (September 17, 2009) - The NAACP is renewing a push for federal standards on police use of force after the shooting of an unarmed Black man by two White police officers inside a church while day care children watched, the Associated Press reported.

According to witnesses, the man was surrendering but officials in Rockford, Ill., deny this description of events, saying Mark Anthony Barmore attempted to grab an officer's gun after they cornered him in the church.

However, both sides agree Barmore ran when officers approached him in the church parking lot, highlighting the suspicion and fear that can poison relationships between police and minority communities across the country.

"There are no national standards for the use of force (or) training for use of force," Benjamin Todd Jealous, president and CEO of the NAACP, said Sept. 11.
 MORE HERE