State statutes applicable to electronic control devices (ECDs).

Brief summary of state statutes related to electronic control devices (ECDs).

The legal concerns usually raised regarding the TASER conducted energy weapon generally fall into two categories: 1. What are the legal restrictions on the use of a TASER conducted energy weapon; and 2. What is the impact of a TASER conducted energy weapon on legal liability in a use of force incident. The purpose of this Memorandum of Law is to address these issues in the context of U.S. Federal and State regulations and case law.

Every law enforcement use of force creates some risk of civil and criminal liability and litigation. For force equipment manufacturers and distributors, there is civil product liability litigation risk. For law enforcement agencies there is civil risk and for individual officers there are civil and criminal excessive use-of-force liability and litigation risks under 42 U.S.C. § 1983 and state specific causes of action. Law enforcement use-of-force risks and device manufacturer risks are separate and distinct liability and litigation risks—manufacturers and distributors are not liable for excessive force claims and law enforcement agencies and individual officers are not liable for product liability claims.