The Herald Sun
September 27, 2013
A man injured in a 2009 incident has asked the N.C. Supreme Court to overrule a lower-court ruling that said Durham police are immune to being sued for having Tasered him.
Bryan DeBaun and his lawyer, Alex Charns, contend the state Court of Appeals erroneously gave the officer who wielded the Taser the benefit of the doubt, even though it had acknowledged there is a genuine dispute that merits a jury’s attention.
The inconsistency threatens to establish a precedent for other use-of-Taser cases because it’s what lawyers call “a case of first impression,” the first one like it to be decided by North Carolina’s appellate courts, Charns said.