Protecting Victims of Police Taser Misuse and Excessive Force

Protecting Victims of Police Taser Misuse and Excessive Force

When police misuse their authority, the consequences can be devastating. One increasingly common source of excessive force claims in Colorado and across the country involves Taser® weapons (also known as conducted electrical weapons or CEWs). These devices are marketed as “non-lethal,” but in reality, they can cause serious injury, permanent disability, and even wrongful death when misused.

At Kosloski Law, PLLC, we represent victims of unconstitutional police conduct, including those harmed by Tasers. Our mission is clear: to hold officers and government agencies accountable when they cross the line and to obtain justice for victims of abuse.

Why Taser Misuse Is a Growing Civil Rights Issue

Law enforcement agencies often claim Tasers are a safer alternative to firearms. But misuse of Tasers is rampant:

• Officers deploy Tasers on non-threatening or already-restrained individuals.
• People in mental health crisis are tased instead of offered help.
• Officers use multiple or prolonged shocks, dramatically increasing the risk of cardiac arrest.
• Tasers are used in situations where deadly force is not justified under the Constitution.

The result: people suffering electrical burns, traumatic falls, brain injuries, and in some cases, death.

Colorado’s police accountability laws—including C.R.S. § 13-21-131 (SB-217)—give victims of excessive force powerful tools to bring lawsuits against officers and agencies. Tasers are front and center in many of these cases.

Common Taser Injuries

Despite being branded as “less-than-lethal,” Tasers can cause catastrophic harm. Victims we represent often suffer from:

• Cardiac arrest and heart damage – electrical shocks can trigger fatal arrhythmias, particularly when fired at the chest.
• Seizures and neurological injuries – the electrical current interferes with the nervous system.
• Head trauma and fractures – many victims fall uncontrollably after being shocked, striking pavement or hard surfaces.
• Burns and puncture wounds – the metal probes cause deep skin injuries and scarring.
• Respiratory distress – Tasers can stop breathing in vulnerable individuals.
• Psychological trauma – victims often experience PTSD, anxiety, and fear of law enforcement.

If a loved one died following a Taser encounter, you may also have grounds for a wrongful death lawsuit.

When Is Taser Use Excessive Force?

The U.S. Constitution, Colorado Constitution, and federal case law establish limits on when Tasers can be used. Under the Fourth Amendment, force by police must be “objectively reasonable” under the circumstances. Courts look at:

• Severity of the alleged crime – Was the person suspected of a serious violent offense or something minor?
• Immediate threat – Did the person pose an actual threat to the officer or others?
• Resistance or flight – Was the person actively resisting arrest, or were they already restrained?

Tasing someone who is handcuffed, lying on the ground, or not resisting is unconstitutional. So is deploying repeated shocks long after compliance.

Our firm investigates whether an officer’s Taser use violated these constitutional standards and pursues justice in court.

Legal Options for Taser Victims

Victims of Taser misuse in Colorado may pursue claims under both federal and state law, including:

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

• Holds officers and municipalities liable for violations of the Fourth Amendment.
• Can include claims for excessive force and failure to intervene.

Colorado Civil Rights Act – C.R.S. § 13-21-131 (SB-217)

• Allows lawsuits against Colorado officers for constitutional violations.
• Qualified immunity is abolished under this law—meaning officers cannot escape accountability by claiming they “didn’t know” their conduct was unlawful.

Personal Injury and Wrongful Death Claims

• In some cases, victims can also bring state tort claims such as negligence, battery, or wrongful death.

Proving a Taser Injury Case

Taser cases are complex. Police departments often deny wrongdoing, and manufacturers may downplay risks. At Kosloski Law, we take a strategic and aggressive approach:

1. Gathering Video Evidence
   • Body camera and dash camera footage often tell the real story.
   • We immediately send preservation letters to prevent destruction of evidence.
2. Interviewing Witnesses
   • Civilian bystanders, medical providers, and even fellow officers can corroborate what happened.
3. Medical Documentation
   • Linking injuries directly to Taser misuse is critical.
   • We work with cardiologists, neurologists, and trauma specialists.
4. Policy and Training Review
   • We examine whether the department’s policies encouraged misuse.
   • Failure to train on safe Taser use can form the basis of a Monell claim against the agency.
5. Expert Testimony
   • Electrical engineers, use-of-force experts, and forensic pathologists may testify on your behalf.

This thorough approach allows us to maximize leverage in settlement negotiations and trial.

Why Choose Kosloski Law for Taser Injury Cases?

At Kosloski Law, PLLC, we are not generalists. We are civil rights litigators focused on suing police and government officials for misconduct. Here’s why victims of Taser injuries trust us:

• Civil Rights Focus: This is our core practice, not a side project.
• Trial Experience: We are prepared to take cases to a jury, not just settle.
• Aggressive Investigation: We act quickly to preserve evidence and build leverage.
• Compassionate Advocacy: We know victims often feel humiliated and traumatized. We listen and fight for dignity.
• Proven Results: Our firm has secured significant outcomes in high-stakes civil rights cases across Colorado.

We believe in fearless litigation against powerful institutions. If the police tased you unlawfully, we will stand with you.

Frequently Asked Questions About Taser Injury Cases

Can I sue the police if I was tased?

Yes, if the Taser use was excessive or unreasonable under the circumstances, you may have a civil rights claim under federal and Colorado law.

What if I was charged with resisting arrest?

Even if charges were filed, you may still have a valid excessive force claim. Criminal charges do not excuse unconstitutional conduct by officers.

How long do I have to file a claim?

• Federal §1983 claims generally have a two-year statute of limitations in Colorado.
• Colorado SB-217 claims also have a two-year limit. Act quickly to preserve your rights.

What damages can I recover?

• Medical bills and future care
• Lost wages and earning capacity
• Pain and suffering
• Emotional distress
• Punitive damages (in some cases)
• Wrongful death damages for surviving family members

What does it cost to hire your firm?

We handle civil rights and personal injury cases on a contingency fee basis. That means you pay nothing unless we win.

Taking Action After a Taser Injury

If you or a loved one were tased by police in Colorado, you do not have to suffer in silence. The law gives you the right to demand accountability and compensation. But these cases are time-sensitive: evidence can disappear, and strict filing deadlines apply.

At Kosloski Law, we offer free, confidential consultations to evaluate your case and explain your options.

Call a Colorado Taser Injury Lawyer Today

Being tased is not just painful—it can be life-altering. If an officer crossed the line, you deserve justice.

Kosloski Law, PLLC is here to fight for you. We take on police misconduct cases others won’t, and we know how to win against powerful institutions.