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OREM v. REPHANN

No. 07-1696.

523 F.3d 442 (2008)

Sonja OREM, Plaintiff-Appellee, v. Matt REPHANN, Individually and in his Official Capacity, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 28, 2008.

Attorney(s) appearing for the Case

ARGUED: Bridget M. Cohee, Steptoe & Johnson, Martinsburg, West Virginia, for Appellant. Gregory A. Bailey, Arnold, Cesare & Bailey, Shepherdstown, West Virginia, for Appellee. ON BRIEF: Lucien G. Lewin, Steptoe & Johnson, Martinsburg, West Virginia, for Appellant.

Affirmed by published opinion. Judge GREGORY wrote the majority opinion, in which Judge OSTEEN joined. Judge SHEDD wrote a separate concurring opinion.

OPINION

GREGORY, Circuit Judge:

On March 26, 2005, Sonja Orem ("Orem") was arrested for disrupting and assaulting an officer after being served with a Family Protective Order ("FPO"). During her transport to a West Virginia regional jail, Deputy Matt Rephann ("Deputy Rephann") twice tased Orem. Because Deputy Rephann's use of the taser constituted excessive force in violation of the Fourteenth Amendment, we affirm...

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