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Mattos v. Agarano

Linked with Agarano v. Mattos (11-1032), Brooks v. Daman (11-1045), Daman v. Brooks (11-898)
Certiorari Denied

Petition for certiorari denied on May 29, 2012.

Docket No.11-1165
Op. Below9th Cir.

Issue

(1) Whether a reasonable official would have understood that it was excessive force in violation of the Fourth Amendment for a police officer to rush into a situation with other officers present and deploy a Taser against a suspect in her own home who was not a potential threat to the officers or the public, who was not actively resisting arrest, and was simply attempting to calm a heated situation and comply with another officer"s instructions to speak outside of her house; and (2) whether summary judgment was properly denied in an excessive force case where genuine issues of disputed fact existed as to whether the use of the Taser on Jayzel Mattos was reasonable.

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