United States Ninth Circuit

In a 42 U.S.C. section 1983 action based on defendant-officers' use of a Taser on plaintiff, a denial of summary judgment based on qualified immunity is reversed where, given the dangerous nature of domestic violence situations, the close quarters in which the officers and plaintiffs were contained, and plaintiff's husband's intoxicated state, there was the risk of immediate threat to the safety of the officers.

Appellate Information

• Argued 05/15/2009
• Decided 01/12/2010
• Published 01/12/2010

Judges

• Before ALEX KOZINSKI, Chief Judge, JAY S. BYBEE and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Brian T. Moto, Corporation Counsel for the County of Maui, Laureen L. Martin (argued), Moana M. Lutey, Richard B. Rost, Cheryl Tipton, Deputies Corporation Counsel, Wailuku, HI, for the defendants-appellants., Eric A. Seitz (argued), Lawrence I. Kawasaki, Honolulu, HI, for the plaintiffs-appellees.