You’re confusing civil court and criminal court. In civil court, you have to show damages. The infliction of emotional distress play nearly never works.
The civil rights card is played on the federal court level, and it’ll never get that far. The state supreme court won’t hear this case unless the local/state court is completely up in the night.
A month from now, this case will be forgotten and gone. 14 of Massey’s 15 minutes were used up over Thanksgiving weekend. The best he can hope for is dismissal of the speeding ticket and calling it even. Attempting to leave while fumbling with his pockets is the nail in the coffin on the taser use complaint.
Maybe.... but, I don't think so. I think this incident will continue to raise the ire of people... because, cops and people seem to see it with different eyes. Cops want to defend what most people see as indefensible.
I think, there is a larger debate building about the general use of tasers. Cops LOVE these things.. cause, it makes their jobs SO much easier. People are starting to push back, and demand more limitations on their use.
I think.. this battle is still in it's early stages, and this video will remain Exibition #1 for the case against over-zealous cops.
When I watch the video closely, I believe Gardner had already decided to pull his Taser out before he even set his clipboard down. The decision to USE it.. once pulled, was WAY too quick.
Massey was NOT running... he actually was not even back to the bumper of his car, and no longer moving at all at the moment the Gardner fired. Massey was clearly in shock, asking "What the hell is wrong with you?".... Which, considering the circumstances... was a reasonable question. Not the response Gardner was looking for.... but, the first thing that would have come to my mind.
Had Gardner halfway lowered his weapon, and said... calmly, please come back here and face my car, I'm placing you under arrest." I expect, Massey would have started pleading, "Arrest me?? Why??". Then Gardner could have said, "Too late, shut up... get back here". Or, something along those lines... but, That was too much work. Much easier to just TASER this clown and cuff him.