United States Ninth Circuit

In an action against a city and its police officers claiming the officers used excessive force when they tased plaintiff three times to effect her arrest, the denial of summary judgment based on qualified immunity is reversed where: 1) the officers had probable cause to arrest plaintiff because she refused to sign a notice of infraction concerning her speeding violation, which amounted to a violation of the Seattle Municipal Code; 2) the use of the Taser in drive-stun mode was painful but also temporary and localized, without incapacitating muscle contractions or significant lasting injury; and 3) the district court's general and vague statement that there were "numerous other means of removing" plaintiff reflected after-the-fact speculation and failed to address what else the officers could have done in the situation that confronted them at that moment, when they needed to get the resistant plaintiff out of the car to arrest her.

Appellate Information

• Decided 03/26/2010
• Published 03/26/2010

Judges

Court

• United States Ninth Circuit

Counsel