Bryan v. McPherson, No. 08-55622

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