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GREGORY v. COUNTY OF MAUI

No. 06-15374.

523 F.3d 1103 (2008)

Valerie GREGORY, individually as a Special Administrator of the Estate of Richard J. Gregory, deceased, and as next friend of Isreal Gregory, a minor; Keanu Gregory, a minor; Kalani Gregory, a minor; and Shayisse Gregory, a minor, Plaintiffs-Appellants, v. COUNTY OF MAUI; Maui Police Department; Garret Tihada; Edwin K. Among; Nicholas E. Angell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2008.

Attorney(s) appearing for the Case

David J. Gierlach, Honolulu, HI, argued the cause for the plaintiffs-appellants; Brian A. Duus, Honolulu, HI, was on the brief.

Kenneth Robbins, Robbins & Associates, Honolulu, HI, argued the cause for the defendants-appellees; Brian T. Moto, Corporation Counsel, and Laureen L. Martin, Moana M. Lutey, Richard B. Rost, Deputy Corporation Counsel, County of Maui, Wailuku, HI, were on the brief.

Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether police officers used excessive force in violation of the Fourth Amendment in attempting to restrain an individual.

I

A

On December 2, 2002, Richard Gregory and a friend were guests in a music studio operated by Vincent Finazzo and Jason Fuqua in Lahaina, Maui, Hawaii. Finazzo and Fuqua were playing music and working on new songs, and they eventually decided to leave the studio and asked...

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