United States Ninth Circuit

Summary judgment for defendants in an action brought pursuant to 42 U.S.C. section 1983 and state law, alleging that defendant police officers used excessive force by tasing plaintiff when he failed to comply immediately with an officer order to move away from the scene where his neighbor was being arrested, is reversed and remanded, where: 1) it was clearly established as of 2008 that the use of a taser in dart mode against a passive bystander amounts to unconstitutionally excessive force within the meaning of the Fourth Amendment; 2) defendant officer is therefore not entitled to qualified immunity on the excessive force claim; and 3) a genuine issue of fact remained as to whether there was probable cause to arrest plaintiff for obstructing a police officer on the unlawful arrest claim.

Appellate Information

• Decided 09/06/2013
• Published 09/06/2013

Judges

• HAWKINS

Court

• United States Ninth Circuit

Counsel