DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081640P.pdf 07/22/2009 Sandra Brown v. Rob Zarrett, etc.
U.S. Court of Appeals Case No: 08-1640
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Riley and Shepherd, Circuit Judges]
Civil case - civil rights. Given the circumstances surrounding plaintiff's
Tasering and arrest, the district court did not err in concluding that
defendant Zarrett's use of force was not objectively reasonable as a
matter of law; the law was sufficiently clear to inform a reasonable
police officer that it was unlawful to Taser a nonviolent, suspected
misdemeanant who was not fleeing or resisting arrest, who posed little to
no threat to anyone's safety and whose only noncompliance with officer
commands was to disobey orders to end her phone call to a 911operator;
as a result, the district court did not err in denying the defendants'
motion for summary judgment based on qualified immunity; accepting
plaintiff's version of events, a jury could find defendant is not entitled
to official immunity because he willfully violated plaintiff's right to be
free from excessive force.