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BROOKS v. CITY OF SEATTLE

No. 08-35526.

599 F.3d 1018 (2010)

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 March 26, 2010.

Attorney(s) appearing for the Case

Karen L. Cobb and Theron A. (Ted) Buck, Stafford Frey Cooper, Seattle, WA, for the defendants-appellants.

Eric Zubel, Eric Zubel, PC, Seattle, WA, for the plaintiff-appellee.

Opinion by Judge HALL; Dissent by Judge BERZON.

HALL, Circuit Judge:

Sergeant Steven Daman, Officer Juan Ornelas, and Officer Donald Jones (collectively "the Officers") appeal the district court's denial of the Officers' motion for summary judgment on Malaika Brooks's § 1983 and state law claims. Brooks had sued the City of Seattle, the Seattle Police Department ("SPD") and its chief, as well as the Officers, based on the Officers' alleged excessive force when they tased her three times to effect her arrest...

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