Bizarre, Criminal law, Society

Ninth Circuit Rules Police Officers Were Justified in Tasering Pregnant Woman Three Times Over Traffic Ticket

The United States Court of Appeals has ruled that three Seattle police officers were justified when they tasered a pregnant mother three times when she refused to sign a traffic ticket. Malaika Brooks was driving her son to Seattle’s African American Academy in 2004 when she was stopped for doing 32 mph in a school zone. When she refused to get out of her car to be arrested, one officer tasered her repeatedly despite (she claims) knowing that she was pregnant.

The officers – Sgt. Steven Daman, Officer Juan Ornelas and Officer Donald Jones – hit her in the thigh, shoulder and neck and then hauled her out of the car and laid her face-down in the street.

While the baby was born two months later without injury, the mother has permanent scars from the taserings.

Judges Cynthia Holcomb Hall and Diarmuid F. O’Scannlain ruled that the officers were justified in making an arrest because Brooks was obstructing them and resisting arrest. The judges insisted that, while surrounded by police and the car turned off, she still was a danger: “It seems clear that Brooks was not going to be able to harm anyone with her car at a moment’s notice. Nonetheless, some threat she might retrieve the keys and drive off erratically remained, particularly given her refusal to leave the car and her state of agitation.”

Note, she was arrested after going 32 mph.

Judge Berzon wrote a lengthy and well-reasoned dissent, noting:

The stacked-up, unsubstantiated speculations that Brooks might have been able to retrieve the keys and might have decided to drive off (although she did not when she had the keys) and might have driven erratically if she did drive off and might have endangered people had she done so simply won’t do as a basis for believing Brooks posed a danger to someone. Indeed, if Officer Ornelas really believed she was going to take off and endanger people, all he had to do was hold on to the keys rather than drop them in the car.

Here is the opinion: Taser

103 thoughts on “Ninth Circuit Rules Police Officers Were Justified in Tasering Pregnant Woman Three Times Over Traffic Ticket”

  2. Swarthmore Mom,
    Make a point of visiting Montreal during your next visit to Quebec. Quebec city certainly gives one the true French Canadian experience, but Montreal provides that in addition to experiencing cultures from all over the world. A beautiful, multi-cultural city where tourist staff are as friendly to the english as well as the french. My favorite place to be!
    Hmmmm perhaps I should write that one into the Montreal Tourism office 🙂

  4. I don’t want to lump all police together as bad but some are just bullies with badges. I don’t understand why a pregnant woman seemd so threatening to these cops. This whole thing looks like a beating perpetrated for the fun of it.

    Two things I do when stopped (so-called “routine traffic stops”):

    1) roll down my windows only far enough to pass out my license, and
    2) never unlock the doors.

    I’m not a criminal nor do I violate traffic laws but I get stopped because of my hair length- look like a d**n hippie, you know. Free country indeed!

    And tasers are not harmless. There have been many documented cases of deaths caused by them.

  5. Canadian Eh I drove up to Quebec City. It was very interesting and I want to go back. Others in my family prefer BC so we end up in Vancouver or Victoria Island.

  6. Swarthmore Mom,
    I would absolutely agree with that assessment. Quebec has and will always be an entity of it’s own. I was actually born and raised in Montreal and when my family moved to Ontario during my early adolescents I felt as though I had moved to a new world. The culture in Quebec cannot be replicated anywhere else. I would highly reccomend that anyone visiting the North make a stop there for sure.

  7. We had been enjoying record high temperatures for this time of year ( so high that I was able to wear sandles a few times ) over the past 2 weeks. But as the saying goes ” if March comes in like a lamb it leaves like a lion ” stands true. The temperature went from +12 on Thursday to -18 ( with the windchill )Thursday night and Friday. My morning walk about outside with my dogs today was in a sun shiney -6. I believe that Mother Nature has a great sense of humour!

  8. Canada reminds me of a combination of Europe and the US except perhaps Quebec.

  9. Morning Eh. How cold is it in the area that is known to be cold?

  11. Swarthmore Mom,
    BC and Alberta both tend to be the exceptions not the rule of law enforcers in Canada. The story that ran earlier this week regarding the BC police who beat a man in public is not the first to come out of that province. Fortunately it is very rare to hear stories even similar to that one throughout the rest of the country. I can attest that the Police in the city where I live ( South Eastern Ontario ) are generally a good lot. For all but 1 encounter that I’ve had with them ( I have far more professional contact than personal )they have been respectful and fair and often display a great sense of humour in difficult situations.
    With respect to the use of tasers, there are pretty cut & dry rules which are typically followed ( except for in BC in seems ).
    The idea of using a taser on someone who has broken the law by driving 7 miles over the posted limit, and then refused to step out of their vehicle is ridiculous. The fact that this woman was far enough into her prgnancy for it to be obvious and was pulled from her vehicle and thrown to the ground face first after 3 hits from a taser is barbaric. The reality that a judge reinforced this behaviour by Police is simply frightening!
    Yes, I do believe that I will remain a Canadian!

  14. Woosty the Cat Police have always harassed minorities in the US. It is not new. However it is more pleasant in British Columbia.

  15. eniobob,

    I was ready to post the same link. I first read of the case just yesterday.

    This college student was assaulted by seven troopers, and the case was never presented to a grand jury.

    Attorneys for the troopers have said that the sex was consensual and that the state police have no right to regulate troopers’ private sex lives.

    These troopers remain unnamed.

    David Jones, president of the New Jersey State Troopers Fraternal Association: “Because of an incredulous complaint, no person should have to forfeit their privacy rights to their employer.”

  16. Damn

    Canada’s looking mighty good these days.

    Maybe a shred of America can still be experienced there cause it sure ain’t here anymore.

  17. BTW:

    “Answers for readers: When do school speed zone limits apply?
    Q: Some of the schools now have speed enforcement cameras that state “25 mph when lights are flashing or when children are present.” When stating “present,” do they mean when they are out of the building playing, or is it during the entire school year? … When in doubt, I’ve gone 25 mph, but have had people honk at me.

    A: “There are many elements to it,” Seattle Department of Transportation spokesman Rick Sheridan said. “But basically, the school zone signs are in effect when children are near the roadway during times in which they are going to and from school.”

    http://blog.seattlepi.com/seattle911/archives/143736.asp

  18. I’ll add this also:

    N.J. State Police troopers accused of sexual assault will return to work soon
    By Chris Megerian/Statehouse Bureau
    March 26, 2010, 10:02PM
    The Trenton TimesThe exterior of KatManDu nightclub in Trenton, where a woman alleges she was sexually assaulted by five New Jersey State Police troopers in 2007. The troopers are going to be allowed to return to work soon, according to their lawyers.TRENTON – Seven troopers accused of sexually assaulting a female college student more than two years ago will be heading back to work soon, lawyers for the troopers said tonight.

    The agreement, reached after extensive negotiations between the lawyers and the state, may close the book on one of the most tortured disciplinary cases in recent State Police history. In the past two years, the case has involved investigations by local police, two county prosecutors and State Police internal affairs, in addition to federal and state lawsuits.

    http://www.nj.com/news/index.ssf/2010/03/troopers_accused_in_katmandu_s.html

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