United States Ninth Circuit

In an action asserting excessive force in violation of the Fourth Amendment based on an officer's use of a taser on plaintiff, a denial of summary judgment based on qualified immunity is affirmed in part where, viewing the circumstances in the light most favorable to plaintiff, defendant's use of the taser was unconstitutionally excessive. However, the order is reversed in part where the violation of plaintiff's constitutional rights was not clearly established at the time.

Appellate Information

• Argued 10/09/2009
• Decided 06/18/2010
• Published 06/18/2010

Judges

• Before: HARRY PREGERSON, STEPHEN REINHARDT and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven E. Boehmer, David Stotland, Carrie L. Mitchell of McDougal, Love, Eckis, Smith, Boehmer & Foley, El Cajon, CA, for appellant.


• For Appellees:
  
• Eugene G. Iredale, Julia Yoo of Law Offices of Eugene G. Iredale, San Diego, CA, for appellee.