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Transcripts for CNN Legal View With Ashleigh Banfield 20151112 17:07:00

appropriateness of tasing a man who has already been tased who is simply not sitting up? can he even be cognizant of what he s being asked to do? the problem is the lack of enough guidelines. every situation is different that law enforcement officers confront. even if you have guide lines for how to use less than lethal force, and that s what we re talking about here, they won t apply to every single situation. so the things these police officers are going to have to contend with is at some point the command decision was made to take this man to the emergency room. then once they are at the emergency room, he kicks out the window, they tase him, and then they change their mind. arguably, i guarantee the plaintiff s counsel is going to make this argument. you made the decision he needed immediate medical attention. then you tase him. then you decide, it s more important we arrest him and less important he gets that medical attention. that is going to be a real problem legally for them

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