United States Tenth Circuit

In an action under 42 U.S.C. section 1983 alleging that defendant-officer's Tasering of plaintiff violated her rights under the Fourth Amendment by using excessive force, the denial of summary judgment based on qualified immunity is affirmed where: 1) although Tasers may not constitute deadly force, their use unquestionably "seizes" the victim in an abrupt and violent manner; 2) plaintiff did not pose an immediate threat to defendant or anyone else at the scene; and 3) a reasonable jury could easily conclude that when the Taser was deployed plaintiff was not fleeing -- she was quickly walking towards her own home -- where defendant could easily arrest her if he so desired.

Appellate Information

• Decided 11/03/2010
• Published 11/03/2010

Judges

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• R. Blake Hamilton, Kathleen E. McDonald