Taser Injury Attorney Detroit: When Law Enforcement Goes Too Far

Taser Injury Attorney Detroit: When Law Enforcement Goes Too Far

Tasers were marketed as “non-lethal alternatives” to bullets. But ask the people who’ve been hit—and many will tell you a different story.

In real life, taser injuries can cause cardiac arrest, seizures, severe burns, head trauma from falls, and lifelong psychological damage. When police officers misuse tasers—on someone who’s unarmed, already restrained, or not posing a threat—it crosses the line from law enforcement into civil rights abuse.

This isn’t just policy failure. It’s excessive force. And in some cases, it’s a violation of your constitutional rights.

At Marko Law, we take these cases seriously—because we’ve seen the scars, we’ve heard the stories, and we know the law. Our Detroit civil rights attorneys fight back against police departments that abuse their power. We hold officers and agencies accountable when tasers are used to punish, not protect.

When Is Taser Use Considered Excessive Force?

The U.S. Constitution protects every person from unreasonable force by law enforcement under the Fourth Amendment. Tasers may be labeled “less-lethal,” but using them without justification can still cross the line into excessive force—and a civil rights violation.

Key Legal Standard: Reasonableness

According to the Supreme Court’s landmark case, Graham v. Connor, the use of force by police must be “objectively reasonable” based on the circumstances. That includes considering:

• Whether the person posed an immediate threat
• Whether they were actively resisting or attempting to flee
• The severity of the alleged offense

If someone is tased while sitting down, handcuffed, mentally ill, non-verbal, or already subdued, there may be no legal justification for the taser’s use. That’s not just overreach—it could be unconstitutional.

Supporting Case Law:

• Graham v. Connor (1989): Sets the “objective reasonableness” standard
• Mattos v. Agarano (2011): Ruled that tasing a non-threatening woman was excessive force, especially when she posed no immediate danger

These cases help define when taser use violates your civil rights, and they are central to building a legal claim.

Legal Protections: Your Rights After a Taser Injury

Federal Civil Rights Law – 42 U.S.C. § 1983

Section 1983 is the cornerstone of most police misconduct lawsuits. It allows you to sue police officers, departments, and cities for violating your constitutional rights—especially your Fourth Amendment right to be free from unreasonable force.

If an officer used a taser with no legal justification, you may have a valid § 1983 claim.

Michigan Constitution & ELCRA

Michigan also has its own constitutional protections and the Elliott-Larsen Civil Rights Act (ELCRA), which prohibit:

• Excessive force
• Racial profiling
• Discrimination by public officials

If you were targeted based on race, disability, or other protected status, Michigan law may add another layer of legal power to your claim.

ADA Claims – Disability Discrimination

If you were tased during a mental health crisis, while disabled, or unable to understand commands due to a cognitive impairment, you may be protected under the Americans with Disabilities Act (ADA). Law enforcement agencies must make reasonable accommodations during interactions with people with disabilities.

Tasing a non-violent, confused, or unresponsive person—especially if it could have been de-escalated—is often a direct violation of federal disability law.

Protection from Retaliation

Retaliation is illegal. If you:

• File a complaint
• Speak publicly about your taser injury
• Pursue a lawsuit

—police officers or agencies cannot retaliate against you by arresting you, threatening you, or interfering with your rights. If they do, we’ll fight back—hard.

What to Do If You’ve Been Tased by Police

Get Medical Care—Now

Even if you “walked away,” taser injuries can cause:

• Internal burns
• Heart issues
• Concussions from falls

Get checked out at an ER or urgent care and document everything. Medical records are a critical part of your case.

Document Your Injuries

Take photos of:

• Burn marks
• Puncture wounds from the barbs
• Bruising, swelling, or cuts from falling

Also save clothes worn during the incident. This is physical evidence, and it can’t be recreated later.

Request Bodycam & Dashcam Footage

You have a right to request video evidence. File a Freedom of Information Act (FOIA) request with the department. Do it early—some departments delete footage in as little as 30 days.

Marko Law can handle this for you to make sure it’s preserved.

File a Civil Rights Complaint

You can file a complaint with:

• The police department’s internal affairs
• The Michigan Department of Civil Rights (MDCR)
• The U.S. Department of Justice (DOJ), if federal rights were violated

Even if nothing comes from the internal investigation, the paper trail matters for your civil lawsuit.

Contact a Civil Rights Attorney Immediately

Taser cases are complex. They involve:

• Qualified immunity defenses
• Missing or altered reports
• Aggressive city lawyers trying to bury claims

At Marko Law, we preserve critical evidence, interview witnesses, and file lawsuits before deadlines expire. In many cases, you may have only 90 to 180 days to act—especially if the defendant is a government agency.

How Marko Law Investigates Taser Cases

Bodycam, Surveillance & Bystander Footage

We demand:

• Bodycam footage from every officer present
• Dashcam video from squad cars
• Surveillance from businesses, traffic cams, or nearby homes
• Cell phone footage from witnesses

This visual evidence can prove what really happened—and contradict false police narratives.

Police Reports, Policies & Disciplinary History

We don’t just look at the report. We ask:

• Did the officer follow department use-of-force policy?
• Have they been involved in past excessive force complaints?
• Was this officer properly trained—or was negligence systemic?

When departments fail to discipline repeat offenders, they share the blame—and we hold them accountable.

Medical Expert Reviews

We work with:

• ER physicians
• Cardiologists
• Neurologists
• Mental health experts

Our team reviews injuries, links them to the tasing, and assesses long-term damage. Whether it’s nerve damage, PTSD, or cardiac trauma, we prove what the taser did to your body and mind.

Civil Rights & Constitutional Law Specialists

Our legal team includes seasoned civil rights litigators who understand:

• Federal and state immunity laws
• The fine line between lawful force and abuse
• How to present your case to a jury who may never have experienced police misconduct firsthand

We don’t back down from cities, departments, or government lawyers. We’ve built our reputation on tough fights—and we win by doing the work others won’t.

What You Can Recover

Medical Bills & Long-Term Treatment

You can recover costs for:

• ER visits, burn treatment, and cardiac monitoring
• Physical therapy and rehabilitation
• Surgery for internal injuries
• Pain management and mobility aids

Even if insurance covered some of it, you’re still entitled to be made whole.

Pain & Suffering

Tasers inflict intense, prolonged pain, and the aftermath can include:

• Scarring
• Chronic pain
• Nerve damage
• Sleep disruption

This suffering isn’t just real—it’s compensable. We work with medical experts to document your pain and fight for fair compensation.

Emotional Distress & Psychological Therapy

The trauma of being tased—especially by someone in power—can linger for years. We pursue damages for:

• PTSD
• Anxiety and panic disorders
• Depression
• Fear of law enforcement or public places

You deserve the resources to heal mentally, not just physically.

Loss of Wages or Employment

If your injury forced you to miss work or led to job loss, you may be entitled to:

• Lost income
• Future earning capacity
• Career retraining if you can’t return to your job

We fight to ensure your financial future isn’t shattered by a few seconds of brutality.

Punitive Damages for Willful Misconduct

If the officer’s behavior was outrageous or intentionally harmful, we seek punitive damages. These are designed to:

• Punish the wrongdoer
• Deter similar abuse
• Send a clear message: this can’t happen again

Attorney Fees Under Federal Law

In most civil rights cases, the law allows you to recover legal fees and costs—which means we can fight without adding financial stress to your plate.

Call Marko Law—Detroit’s Civil Rights Trial Lawyers

When those sworn to serve and protect cross the line, your voice matters. Your pain matters. And your rights still matter—no matter what the uniform says. Getting tased by police isn’t just traumatizing—it can be unconstitutional, unlawful, and life-altering.

Whether it happened during a traffic stop, a protest, a mental health crisis, or while you were simply standing your ground—you deserve more than an apology. You deserve accountability.

At Marko Law, we’re not just any law firm. We’re Detroit’s civil rights trial lawyers—and we fight like hell when the system fails you. We represent real people who’ve been tased, hurt, and silenced. And we take on the toughest opponents: government agencies, law enforcement departments, and insurance companies that think they’re above the law.

Contact Marko Law for a Free Case Evaluation

📞 Call Marko Law at  1-313-777-7777 📍 Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Start your case today at www.markolaw.com