United States Fourth Circuit

In a civil rights action alleging excessive force, denial of summary judgement for defendant-deputy is affirmed where: 1) the use of a taser against plaintiff while she was handcuffed and confined to the back seat cage of a deputy's car, as another officer was attempting to tighten a restraint on her feet, was unreasonable; 2) the application of a taser for 1.5 seconds is not a de minimus injury simply because of the time factor; and 3) thus, defendant was not entitled to qualified immunity.

Appellate Information

• Decided 04/28/2008
• Published 04/28/2008

Judges

• Before GREGORY and SHEDD, Circuit Judges, and WILLIAM L. OSTEEN, JR., United States District Judge for the Middle District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Bridget M. Cohee, Steptoe & Johnson, Martinsburg, West Virginia, for Appellant.  Gregory A. Bailey, Arnold, Cesare & Bailey, Shepherdstown, West Virginia, for Appellee.   ON BRIEF:  Lucien G. Lewin, Steptoe & Johnson, Martinsburg, West Virginia, for Appellant.