BRYAN v. McPHERSON

No. 08-55622.

590 F.3d 767 (2009)

Carl BRYAN, Plaintiff-Appellee, v. Brian McPHERSON; Coronado Police Department; City of Coronado, a municipal corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2009.


Attorney(s) appearing for the Case

Steven E. Boehmer, David Stotland, Carrie L. Mitchell of McDougal, Love, Eckis, Smith, Boehmer & Foley, El Cajon, CA, for the appellant.

Eugene G. Iredale, Julia Yoo of Law Offices of Eugene G. Iredale, San Diego, CA, for the appellee.

Before: HARRY PREGERSON, STEPHEN REINHARDT and KIM McLANE WARDLAW, Circuit Judges.


WARDLAW, Circuit Judge:

Early one morning in the summer of 2005, Officer Brian McPherson deployed his taser against Carl Bryan during a traffic stop for a seatbelt infraction. Bryan filed this action under 42 U.S.C. § 1983, asserting excessive force in violation of the Fourth Amendment. Officer McPherson appeals the denial of his motion for summary judgment based on qualified immunity. We affirm the district court because, viewing the circumstances in the light...

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