In a 42 U.S.C. section 1983 action based on defendant-officer's use of a taser on plaintiff at a traffic stop, denial of summary judgment based on qualified immunity is affirmed where, viewing the circumstances in the light most favorable to plaintiff, defendant's use of the taser was unconstitutionally excessive and a violation of plaintiff's clearly established rights.
Read Bryan v. McPherson, No. 08-55622
Appellate Information
Argued and Submitted October 9, 2009
Filed December 28, 2009
Judges
Opinion by Judge Wardlaw
Counsel
For Appellant:
Steven E. Boemer, David Stotland, and Carrie L. Mitchell, McDougal, Love, Eckis, Smith, Boehmer & Foley, El Cajon, CA
For Appellee:
Eugene G. Iredale and Julia Yoo, Law Offices of Eugene G. Iredale, San Diego, CA
