Cop Gets Qualified Immunity for Pointing Taser at Suspects’ Mom

An Arkansas police officer who momentarily pointed a taser at a woman as she questioned why he had detained and pointed a gun at her teen sons is entitled to qualified immunity from her excessive force claim.

Officer Lamont Marzolf of the Springdale, Ark., police department is immune from suit because plaintiff Casondra Pollreis failed to show that he violated a clearly established right, a divided panel of the US Court of Appeals for the Eighth Circuit ruled Thursday in an opinion by Judge L. Steven Grasz.

Pollreis alleged Marzolf violated her Fourth Amendment rights when he pointed the taser at her. To prevail on her constitutional claim, Pollreis would need to show that Marzolf seized her, and that the force applied “was objectively unreasonable under the totality of the circumstances,” Grasz said.

“Under the totality of the circumstances,” the judge said, momentarily pointing a taser at Pollreis “to gain control of the scene was not unreasonable.”

Pollreis wasn’t suspected of committing a crime, and “commendably remained calm and nonthreatening,” the court said. Even so, Grasz said, “a reasonable officer in this situation would be understandably concerned for his own safety.”

The incident took place at night in the rain, Marzolf was alone on the scene when Pollreis approached from behind, and he “was placed in a position where he had two possibly armed suspects detained in front of him and a third unknown individual approaching from behind, creating a potentially serious safety risk,” the judge said.

Judge Lavenski R. Smith joined in the majority opinion.

In Dissent

In a dissenting opinion, Judge Jane L. Kelly said genuine issues of material fact remain regarding whether Marzolf’s use of force was excessive.

“A reasonable jury could find that drawing a taser on a nonthreatening bystander who was complying or attempting to comply with an officer’s orders was not objectively reasonable,” she said.

Marzolf detained Pollreis’ sons as he was looking for the occupants of a car who had fled from a crash after refusing to stop for the police.

The officer ordered the boys to lay on the ground and they complied. Pollreis then approached Marzolf and asked what happened.

Pollreis identified herself as the boys’ mother, and Marzolf told her to “get back.” While pointing a gun at the boys Marzolf pulled his taser with his other hand and briefly pointed it at Pollreis. She returned home and the boys were released after being briefly detained.

Institute for Justice and Norwood & Norwood PA represent Pollreis. Arkansas Municipal League represents Marzolf.

The case is Pollreis v. Marzolf, 2023 BL 142472, 8th Cir., No. 21-3267, 4/27/23.