Supreme Court won't review police use of stun guns

Excessive force • The ruling will have no effect on Utah's Cardall case.
This is an archived article that was published on in 2012, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Washington • The Supreme Court has decided that it will not review the appropriateness of stun guns used by police on suspects.

The high court on Tuesday refused to hear appeals from police in Hawaii and Washington, or people who got stun-gunned by officers.

The 9th U.S. Circuit Court of Appeals said officers could not be sued in federal court. But judges also said officers used excessive force by using stun guns.

Malaika Brooks was driving her son to school in 2004 when she was stopped for speeding.

Officers used a Taser three times when the woman, who was seven months pregnant, refused to get out of her car.

Jayzel Mattos was stun-gunned in 2006 in her house by police who said she interfered with the arrest of her husband, Troy.

The facts in those cases are different than what happened in Utah in 2009 to Brian Cardall. Also, Utah is not in the 9th Circuit. Attorneys for the Cardall family and Hurricane police, when asked by The Tribune on Tuesday, said the Supreme Court decision will not have an effect on their case.

Cardall suffered a psychotic episode, removed his clothes and was stunned with a Taser by a Hurricane police officer.

The stuns killed Cardall. His family is suing Hurricane police in federal court.

A judge has ruled the case can proceed to trial, but the Hurricane officers are asking the 10th U.S. Circuit Court of Appeals to dismiss the case.