The moment a taser hits your body, everything changes. The voltage cuts through you like fire. Your muscles seize. You fall. Maybe you hit the ground face-first. Maybe you can’t breathe. Maybe the officer tases you again. It’s not just pain—it’s humiliation, fear, and confusion all at once.
Being tased by police is traumatic. It can leave you with serious injuries—burn marks, broken bones, nerve damage, heart complications—and lasting psychological effects like PTSD, panic attacks, or sleep disorders. And still, people will ask: What did you do to deserve it?
Here’s the truth: being tased does NOT mean you were guilty of anything. It does NOT mean you deserved it. And it definitely does NOT mean the police were right.
Tasers are supposed to be “less-lethal” tools, used only when absolutely necessary. But across Detroit and beyond, we see tasers being deployed far too quickly and far too often—on people who are unarmed, not resisting, mentally ill, or already restrained. This isn’t law enforcement. It’s abuse.
If you were tased by police, you may have legal grounds to fight back. But time matters. Evidence disappears. Reports get rewritten. And unless you speak up—and act fast—your story could be buried.
When Is Taser Use Legal—and When Is It Excessive Force?
Police officers have the authority to use force—but that power has limits. Under the Fourth Amendment, any use of force by law enforcement must be “objectively reasonable”. That means it has to be justified based on the facts at the time—not just what the officer claims afterward.
In the landmark case Graham v. Connor, 490 U.S. 386 (1989), the U.S. Supreme Court made it clear: all force used by law enforcement must be judged based on the severity of the crime, whether the person poses an immediate threat, and whether they are actively resisting arrest.
When Police May Use a Taser
Tasers are supposed to be a last resort—a non-lethal option when someone is actively resisting in a way that threatens safety. Appropriate use might include:
- Someone physically fighting or charging at officers
- A suspect who poses a danger to others and refuses verbal commands
- A situation escalating to a point where de-escalation fails and someone could be harmed
When Taser Use Crosses the Line Into Excessive Force
Unfortunately, tasers are often used in ways that violate both department policy and constitutional law. Here are clear red flags that may indicate excessive force:
- Tasing a person who is already handcuffed or restrained: If you’re in cuffs, the threat is neutralized. Tasing at this point is retaliation—not defense.
- Tasing minors, elderly individuals, or those with medical conditions: Tasers can trigger cardiac arrest, seizures, or falls causing traumatic brain injuries. This can be deadly for people in vulnerable health conditions.
- Tasing someone who is only verbally noncompliant: Refusing to follow orders is not the same as being violent. Using a taser because someone is yelling, questioning authority, or moving slowly can cross the line into brutality.
- Using a taser multiple times or in “drive stun” mode: Courts have ruled that excessive taser use—especially repeated shocks or close-contact “pain compliance”—can violate the Fourth Amendment.
Your Rights After Being Tased by Police
The Right to Medical Treatment
Tasers aren’t toys. They can cause:
- Cardiac irregularities or heart failure
- Burns, electrical injuries, and deep puncture wounds
- Nerve damage and muscle impairment
- Broken bones or head trauma from falling
You have the right to receive medical care, whether you're in custody or not. If the police deny you access to a doctor—or delay treatment—that can be grounds for an additional civil rights violation.
The Right to Request Body Cam or Dash Cam Footage
Detroit police are required to wear body cameras. If you’ve been tased, you have the right to request a copy of that footage, along with any dash cam video or surveillance that may have captured the incident.
- This footage may show excessive force, conflicting officer statements, or misconduct
- Time is critical—videos are often deleted after a certain number of days unless preserved
Your attorney can submit a preservation request to secure this evidence.
The Right to Remain Silent and Request an Attorney
Even if you’re shaken up, remember: you don’t have to explain yourself to the officers who hurt you.
You have the right to:
- Say nothing until a lawyer is present
- Refuse to sign anything
- Make a phone call if you’re being detained
Invoke your rights clearly: “I want to remain silent. I want a lawyer.” That statement alone can protect your future claim.
The Right to File a Complaint
You can file a formal complaint with:
- Internal Affairs (within the police department)
- Detroit Board of Police Commissioners (a civilian oversight body)
Even if you don’t pursue a lawsuit right away, these reports help document misconduct patterns and may support your legal claim down the line.
The Right to Sue Under 42 U.S.C. § 1983
Federal law gives you the right to file a civil rights lawsuit when law enforcement violates your constitutional protections—especially under the Fourth Amendment, which guards against excessive force.
These lawsuits can:
- Hold officers and departments accountable
- Lead to compensation for your injuries, trauma, and damages
- Push for reform and prevent future abuse
What to Do Immediately After the Incident
Seek Medical Care—Even If You Feel “Okay”
Taser injuries are deceptive. You might walk away thinking it’s over, but days later, the pain, numbness, or complications can hit. Go to the ER or an urgent care clinic and explain exactly what happened.
- Tell medical staff you were tased by police
- Get tested for internal injuries, burns, and nerve damage
- Request a full copy of your medical records
These documents create a paper trail that links your injuries to the incident and may be used as evidence in court.
Photograph Your Wounds
Document your injuries immediately:
- Burns from the taser prongs
- Bruises from the fall
- Puncture wounds or welts
- Any visible cuts, swelling, or abrasions
Take multiple photos over several days as the injuries develop. Timestamp everything. This visual evidence can be powerful in demonstrating the severity of the force used.
Write Down Everything You Remember
Details disappear fast—especially after a traumatic event. While it’s fresh in your mind, write or record everything you recall:
- Time and location of the incident
- Names and badge numbers of officers involved (or physical descriptions)
- What led up to the taser being used
- Exact words exchanged
- How many times you were tased and where
Even small details—like whether you were handcuffed or who witnessed it—can become key pieces of evidence.
Request Police Records and Footage
You have the right to:
- Request a copy of the police report
- File a Freedom of Information Act (FOIA) request for body cam or dash cam footage
- Request 911 call logs or dispatch records
These documents often don’t match what officers say on the stand—and they can make or break your case.
Speak to a Civil Rights Attorney Immediately
Police misconduct cases involve tight deadlines, legal barriers like qualified immunity, and often complex internal procedures. The sooner you involve an attorney, the better your chances of preserving your rights and securing justice.
A skilled civil rights attorney will:
- Send evidence preservation letters
- File complaints and notices of intent
- Build a case that challenges the police narrative
The Shock May Be Over—But the Fight for Justice Isn’t
Getting tased by police is more than just a few seconds of pain—it’s a violent act that can leave lasting trauma. The physical wounds may heal, but the emotional scars—the fear, the anger, the betrayal—can linger for years.
If you’ve been tased by Detroit police, don’t let them bury the facts or silence your voice. You don’t have to prove your humanity. You don’t have to explain why you didn’t deserve it. You already know what happened. And chances are, so do they.
You have rights. You have legal options. And you have a team that will stand with you—no matter how big the fight.
At Marko Law, we’ve gone toe-to-toe with cities, departments, and officers who thought they were above the law. We’ve secured verdicts that made headlines. And we’ve helped survivors of police violence take back their power.
Contact Marko Law for a Free Case Evaluation
📞 Phone: 1-833-MARKO-LAW or +1 313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com
