Have you done so? My question is why a cop would hurt a person in cuffs more, unless they were simply a sadist. I was hoping there was a simple answer. To clarify the "friends" I am referring to were wanting to get some digs in on a couple guys I had already beaten. They were spiteful and pathetic, but I didn't really beat them up I guess I just pulled them off and tossed them aside with a bit more then minimum force. Sorry if I came off accusitory.
While acting as an agent of public authority I have tasered someone who was in handcuffs. The short story:
- Arrested a person for driving while inebriated and assault at a bar.
- The person resisted arrest and I had to physically subdue them to get them into handcuffs.
- The person verbally refused to get in the police car.
- I tried to gently force the person into the car. The person fought back with their legs.
- I warned them numerous times that I would tase them if they didn't get in the car. (I think I told them I would ask them 10 times before taseing them.)
- I fired the taser, the person fell in the car.
- There was some sort of unofficial internal review of how I used the taser. I never faced allegations of violation of policy, but I do know my bosses were not thrilled with how I handled the situation.
- An attorney for the person I arrested investigated my use of taser, but they never filed suit.
In handing this particularly drunk and combative individual (female and of particularly small stature), I believe I did the right thing. The alternative to getting the person into the police car would have been to use pepper spray or brute force. Brute force against someone petite, female, combative, intoxicated, and in handcuffs
can result in serious "color of law" civil rights violations claim.
Apprehending intoxicated and combative people of the opposite sex without hurting them or opening yourself up to a federal lawsuit... is tricky.
The police have seconds to make decisions that lawyers and the public have months to critique. This, of course, is the justification for all of the immunity that the police get when they DO legitimately screw up.
Maybe the government should be outright prohibited from arguing for immunity when its agents do outrageous things so long as their official hiring policies are like this: http://www.defendingthetruth.com/topic/7380-judge-rules-that-police-can-bar-high-iq-scores/