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.
Argued and Submitted October 9, 2009
Filed December 28, 2009
Opinion by Judge Wardlaw
Steven E. Boemer, David Stotland, and Carrie L. Mitchell, McDougal, Love, Eckis, Smith, Boehmer & Foley, El Cajon, CA