Bryan v. MacPherson

608 F.3d 614 (2010)

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Bryan v. MacPherson

United States Court of Appeals for the Ninth Circuit
608 F.3d 614 (2010)

Facts

Carl Bryan (plaintiff) was pulled over by Officer Brian MacPherson (defendant) in a routine traffic stop for a seat-belt violation. During the initial interaction, Bryan became extremely agitated with himself for failing to put on his seat belt. As a result, Officer MacPherson directed Bryan to pull his car over to the curb, and Bryan complied. Bryan continued to display strange and agitated behavior by shouting expletives at himself and hitting his steering wheel before exiting his vehicle, despite not being told to do so. Bryan was wearing only boxer shorts and tennis shoes when he exited and began hitting his thighs and yelling gibberish from a distance of 15 to 25 feet from Officer MacPherson. Without warning, Officer MacPherson then shot Bryan from behind with a taser gun, causing Bryan to fall and sustain injuries to his face and teeth. Bryan brought suit, claiming that Officer MacPherson’s use of nonlethal but excessive force violated his Fourth Amendment rights. Officer MacPherson moved for summary judgment based on qualified immunity. The district court denied the motion on multiple grounds and found that a reasonable jury could find that Officer MacPherson used excessive force. Officer MacPherson appealed.

Rule of Law

Issue

Holding and Reasoning (Wardlaw, J.)

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