United States Ninth Circuit

In a suit against a city, police officers, and a manufacturer of an electronic control device - commonly known as a "taser" - stemming from the death of a family member as a result of the officers' use of the taser to restrain the victim, the judgment of the district court in favor of the defendants is affirmed where: 1) the district court properly determined that the manufacturer's warnings at the time of the victim's death were sufficient as a matter of law; 2) although the officers used significant force, the district court properly granted officers summary judgment on the section 1983 claims as the force used was justified by the considerable government interests at stake; and 3) the district court properly granted summary judgment on plaintiffs' state law claims against the officers for wrongful death because the officers acted reasonably in using force.

Appellate Information

• Decided 09/11/2012
• Published 09/11/2012

Judges

• O'Scannlain

Court

• United States Ninth Circuit

Counsel