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
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