Brooks

Brooks v. City of Seattle

Good Law
623 F.3d 911·2010 WL 3896202
United States Court of Appeals for the Ninth CircuitMarch 26, 201008-35526California15,415 words

Opinion

Opinion

HALL, J.

Karen L. Cobb and Theron A. (Ted) Buck, Stafford Frey Cooper, Seattle, WA, for the defendants-appellants.

Eric Zubel, Eric Zubel, PC, Seattle, WA, for the plaintiff-appellee.

Before: CYNTHIA HOLCOMB HALL, DIARMUID F. O'SCANNLAIN, and MARSHA S. BERZON, Circuit Judges.

Opinion by Judge HALL; Dissent by Judge BERZON.

HALL, Circuit Judge:

Sergeant Steven Daman, Officer Juan Ornelas, and Officer Donald Jones (collectively "the Officers") appeal the district court's denial of the Officers' motion for summary judgment on Malaika Brooks's § 1983 and state law claims. Brooks had sued the City of Seattle, the Seattle Police Department ("SPD") and its chief, as well as the Officers, based on the Officers' alleged excessive force when they tased her three times to effect her arrest. The district court denied the Officers' motion for summary judgment, [1] finding that they were not entitled to qualified immunity for their actions. The Officers challenge that denial. This court has jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.

On November 23, 2004, SPD Officer Juan Ornelas stopped Brooks for speeding in a school zone. [2] The situation deteriorated rather quickly. Brooks claimed…

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