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MATTOS v. AGARANO

No. 08-15567.

590 F.3d 1082 (2010)

Troy MATTOS; Jayzel Mattos, Plaintiffs-Appellees v. Darren AGARANO; Ryan Aikala; Stuart Kunioka; Halayudha MacKnight, Defendants-Appellants, and Maui County, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2010.

Attorney(s) appearing for the Case

Brian T. Moto, Corporation Counsel for the County of Maui, Laureen L. Martin (argued), Moana M. Lutey, Richard B. Rost, Cheryl Tipton, Deputies Corporation Counsel, Wailuku, HI, for the defendants-appellants.

Eric A. Seitz (argued), Lawrence I. Kawasaki, Honolulu, HI, for the plaintiffs-appellees.

Before: ALEX KOZINSKI, Chief Judge, JAY S. BYBEE and CONSUELO M. CALLAHAN, Circuit Judges.

PER CURIAM:

Maui police officers Darren Agarano, Halayudha MacKnight, Stuart Kunioka, and Ryan Aikala appeal the district court's order denying their motion for summary judgment on the basis of qualified immunity in this § 1983 action. The district court ruled that material questions of fact existed as to whether the officers' use of a Taser gun ("Taser") against plaintiff Jayzel Mattos was constitutionally reasonable and summary judgment was therefore inappropriate...

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