Mattos v. Agarano, No. 08-15567

In a 42 U.S.C. section 1983 action based on defendant-officers' use of a Taser on plaintiff, a denial of summary judgment based on qualified immunity is reversed where, given the dangerous nature of domestic violence situations, the close quarters in which the officers and plaintiffs were contained, and plaintiff's husband's intoxicated state, there was the risk of immediate threat to the safety of the officers.

Read Mattos v. Agarano, No. 08-15567

Appellate Information

Argued and Submitted May 15, 2009

Filed January 12, 2010

Judges

Per Curiam

Counsel

For Appellants:

Brian T. Moto, Laureen L. Martin and Moana M. Lutey, Deputies Corporation Counsel, Wailuku, HI

For Appellees:

Eric A. Seitz and Lawrence I. Kawasaki, Honolulu, HI