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MATTOS v. AGARANO

Nos. 08-15567, 08-35526.

661 F.3d 433 (2011)

Troy MATTOS; Jayzel Mattos, Plaintiffs-Appellees, v. Darren AGARANO; Ryan Aikala; Stuart Kunioka; Halayudha MacKnight, Defendants-Appellants, and Maui County, Defendant. Malaika Brooks, Plaintiff-Appellee, v. City of Seattle, Defendant, and Steven L. Daman, in his capacity as an officer of the Seattle Police Department; Donald M. Jones, in his individual capacity as an officer of the Seattle Police Department; Juan M. Ornelas, in his individual capacity as an officer of the Seattle Police Department, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2011.

Attorney(s) appearing for the Case

Brian T. Moto , Corporation Counsel, Laureen L. Martin , Moana M. Lutey , Richard B. Rost , and Cheryl Tipton , Deputies Corporation Counsel, Wailuku, HI, for defendants-appellants Darren Agarano, Ryan Aikala, Stuart Kunioka, and Halayudha MacKnight.

Ted Buck and Karen L. Cobb , Stafford Frey Cooper , Seattle, WA, for defendants-appellants Steven Daman, Juan Ornelas, and Donald Jones.

Eric A. Seitz , Honolulu, HI, for plaintiffs-appellees Troy Mattos and Jayzel Mattos.

Eric Zubel , Eric Zubel PC, Seattle, WA, for plaintiff-appellee Malaika R. Brooks.

John Burton , The Law Offices of John Burton, Pasadena, CA, for the amicus curiae.

Daniel Marc Gluck , ACLU of Hawaii, Honolulu, HI, for the amicus curiae.

Nancy Lynn Talner , ACLU of Washington Foundation, Joseph R. Shaeffer , MacDonald Hoague & Bayless, Seattle, WA, for the amicus curiae.

Opinion by Judge PAEZ; Concurrence by Judge SCHROEDER; Partial Concurrence and Partial Dissent by Chief Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge SILVERMAN.

OPINION

PAEZ, Circuit Judge:

These cases present questions about whether the use of a taser to subdue a suspect resulted in the excessive use of force and whether the officers are entitled to qualified immunity.1 In Brooks v. City of Seattle, Plaintiff Malaika Brooks was tased; in Mattos v. Agarano, Plaintiff Jayzel Mattos was tased. Both women were tased during an encounter with police officers. They subsequently...

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