County not liable for Tasering man using LSD

Judge Lynn Hughes  granted summary judgment on December 7, 2017 in favor of Harris County in a law suit filed by a man who claimed deputy constables used excessive force when they Tased him four times in an effort to restrain him. Jared Allen White was walking in a highway's access road after taking LSD. Several deputy constables tried to restrain him to keep him from wandering  among the cars. He pulled  away from them  and darted  across the grass toward  the  highway. The  officers chased him,  and one hit  him  with a Taser. Subdued, the man lay on the ground  while the officers handcuffed him. The officers told him to stay on the ground, but he stood - twice. Each time, an officer zapped him with a Taser, not knowing if the man would try to harm  an officer or bolt away. The officers then tried to walk the man to a car, but on the way, he fell. From the ground, he began kicking, hitting  one officer's face and neck. An  officer Tasered him.  White sued Harris  County claimming that the second, third, and fourth times that deputies used a Taser against him were constitutionally excessive.

The court found the deputies use of the Taser in these circumstances did not amount to an excessive use of force. White repeatedly disregarded deputies orders to stay on the ground and tried to stand. Judge Hughes also found that Plaintiff produced no evidence to establish his claim that Harris County had a policy of excessive use of force or that the County had failed to train deputies on the use of Tasers. 

The case is White vs Harris County and the opinion can be read here.