Lucille A. McKenzie Cecil McKenzie Jr. v. The City of Milpitas Frank Acosta, Individually and in His Capacity of the City of Milpitas

953 F.2d 1387 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lucille A. MCKENZIE; Cecil Mckenzie, Jr., Plaintiffs-Appellees, v. THE CITY OF MILPITAS; Frank Acosta, individually and in his capacity of the City of Milpitas, Defendants-Appellants. No. 90-16166. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 12, 1991. Decided Feb. 7, 1992. Before GOODWIN, SKOPIL and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 In 1988, police officers from the City of Milpitas ("Milpitas") used taser weapons to subdue Lucille and Cecil McKenzie (the "McKenzies") at the McKenzie home. The McKenzies sued Milpitas under 42 U.S.C. § 1983 (1988) for damages for unconstitutionally excessive force used against them. Milpitas appeals the judgment on a jury verdict in favor of the McKenzies. We affirm. 3 In 1985, the Milpitas police force introduced the taser gun to its arsenal of weapons. The taser, which looks like a flashlight, is a device which fires two darts attached…