Hurt or lost a loved one after a police Taser or stun gun in California

Police often describe the Taser as a safer alternative to a gun, and in many encounters it may be. But a Taser is still a weapon. When it is used on someone who was not a real threat, used again and again, or used on someone in a medical crisis, it can cause serious injury and, in some cases, death. If you are considering a Taser injury lawsuit in California, or a Taser death lawsuit after losing someone, this guide explains how the law looks at these cases.

If your family lost someone after a police encounter, we are very sorry. Below we cover how federal courts in California treat Taser use, what the manufacturer and medical researchers have said about risks, the difference between dart mode and drive-stun mode, documented California cases, and the steps and deadlines that protect your rights.

How do courts decide if a Taser was excessive force?

A Taser case is judged under the same Fourth Amendment standard as other force cases. Courts ask whether the force was objectively reasonable, looking at how serious the suspected crime was, whether the person was an immediate threat, and whether the person was actively resisting or running. Our excessive force guide explains that test in plain words.

The federal appeals court that covers California, the Ninth Circuit, has said a Taser is not a minor tool. In Bryan v. MacPherson (2010), the court described a Taser fired in dart mode as an "intermediate, significant level of force that must be justified by the governmental interest involved." That case involved an unarmed man who, the court found, was not trying to flee. The court found the force excessive, but it also granted the officer qualified immunity because the law had not been clearly established at the time of the 2005 incident. That is a common pattern in these cases, and it is one reason state-law claims matter.

Later cases have looked at drive-stun use, where the device is pressed against the body instead of firing darts. In Mattos v. Agarano (2011), an en banc Ninth Circuit panel addressed Taser use in two separate incidents, including drive-stun use. How a court treats a particular use depends heavily on the facts, including how many times the device was cycled and whether the person was already restrained.

Dart mode, drive-stun and repeated cycles

A police Taser can be used in two main ways:

• Dart (probe) mode. Two darts are fired from a distance. When both connect, the current is meant to override the person's muscle control for a cycle, usually causing a fall.
• Drive-stun mode. The device is pressed against the body. It causes pain but generally does not cause the same loss of muscle control. Critics say this makes it a pain-compliance tool, which can be hard to justify against a person who is already held down.

Many lawsuits focus on the number and length of cycles. A trigger pull delivers a timed cycle of several seconds, and the device's own data log records when it was fired. A person who is shocked repeatedly cannot always follow commands, because the shock itself prevents them from moving. Lawyers in these cases ask for the device's download report early, since it shows exactly how many times and for how long it was used.

Falls are another source of injury. A person who loses muscle control may fall from standing with no way to break the fall, which can cause head injuries and broken bones, especially on concrete or from a height.

What do the manufacturer and researchers say about cardiac risk?

The Taser is made by Axon Enterprise, formerly called TASER International. In September 2009, the company issued a training bulletin advising officers to aim below the center of the chest. News coverage at the time, such as a CTV News report, said the change was meant to avoid the question of whether the device affects the heart. Axon's current product warnings are part of the training materials agencies receive, and in a lawsuit they are requested along with the agency's own Taser policy.

The medical question is debated, but there is published research on it. In 2014, Dr. Douglas Zipes, a cardiologist, published a paper in the American Heart Association journal Circulation titled "TASER Electronic Control Devices Can Cause Cardiac Arrest in Humans." As the title says, the paper concluded that these devices can cause cardiac arrest. Other researchers and the manufacturer have disputed how often this happens.

Reuters has tracked deaths after police Taser use nationwide. In a February 2019 report, it counted more than 1,000 deaths after police Taser shocks in the United States, and reported that Taser use was cited as a cause or contributing factor in 153 of them. Many of these deaths also involved restraint, drug use or underlying heart disease, which is why causation is usually the central fight in a Taser death lawsuit.

Taser use in California by the numbers

California agencies must report every use of force that causes serious bodily injury or death to the state. According to the Department of Justice's 2025 use-of-force report, an electronic control device such as a Taser was used on 67 of the 633 civilians involved in reported incidents in 2025. Because only incidents causing serious injury or death are reported, this does not count every Taser use in the state.

A documented California case

One widely reported case involved Keenan Anderson, who died on January 3, 2023, hours after an encounter with LAPD officers. LAPD's chief said Anderson was tased six times. His family filed a $50 million claim against the City of Los Angeles that January, USA Today reported, and in June 2023 his family filed a $100 million wrongful death lawsuit on behalf of his young son, according to CBS Los Angeles. The family's lawyers alleged he was never a threat.

The Los Angeles County coroner found the cause of death to be "effects of cardiomyopathy and cocaine use" and listed the manner of death as undetermined, CBS Los Angeles reported. The coroner noted that the death came hours after restraint and conducted energy device use, and that the activations were delivered by drive-stun to his back. Cases like this show why the autopsy, the device log and the video must all be reviewed together.

For other reported outcomes, see our table of police brutality settlements and verdicts in California. Every case is different. Past results, including those listed here, do not predict the outcome of any other case.

What claims are available after a Taser injury or death?

• Federal civil-rights claim (42 U.S.C. § 1983) against the officers, and against the city or county if a policy, custom or lack of training led to the harm. Officers can raise qualified immunity on federal claims, as in the Bryan case.
• California claims for battery, negligence and violation of the Bane Act. Qualified immunity does not apply to these state-law claims. Public employers are generally responsible for employees acting in the scope of their work, though some immunities apply.
• Wrongful death and survival claims when someone died. A spouse, children and, in some situations, parents or others who depended on the person can bring wrongful death claims, and the estate can bring a survival claim.
• Product claims against a manufacturer are possible in rare cases, but they are a separate and difficult area and depend on expert evidence.

Many Taser deaths also involve officers holding someone face-down or a restraint device. Our guides on restraint and asphyxia deaths during arrest and deaths in California jails cover those situations.

Deadlines for a Taser injury lawsuit

To keep state-law claims against a city or county, you must present a written government claim within six months of the injury or death (Government Code § 911.2). See our guide to the six-month government claim deadline for how to do it. Federal civil-rights claims generally must be filed within two years in California. An internal affairs complaint does not stop either clock. If you face criminal charges from the same incident, talk to a lawyer before giving any statement.

What to do in the first weeks

1. Get medical care, including a heart evaluation if you lost consciousness or had chest symptoms, and keep the records.
2. Photograph dart and burn marks right away. They fade quickly.
3. Write down names, badge numbers, times and what was said.
4. For a death, request the coroner or medical examiner report and ask whether toxicology and heart tissue studies were done.
5. Do not sign anything from the city, county or an insurer.
6. Call a lawyer early. We send preservation letters for body-camera video, the Taser download log, dispatch audio and medical records.

How LaCour handles these cases

LaCour Trial Lawyers is a Pasadena-based trial firm that handles police misconduct and wrongful death cases statewide. Jonathan P. LaCour leads these cases, and we have Spanish-speaking lawyers and staff. There is no fee unless there is a recovery. Request a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.