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.
Argued and Submitted May 15, 2009
Filed January 12, 2010
Brian T. Moto, Laureen L. Martin and Moana M. Lutey, Deputies Corporation Counsel, Wailuku, HI
Eric A. Seitz and Lawrence I. Kawasaki, Honolulu, HI