Legal Opinion

Donald Gravelet-Blondin v. Sgt Jeff Shelton

Court of Appeals for the Ninth Circuit

Decided September 6, 2013No. 12-35121PublishedCited by 214 opinions

1Opinion of the Court

OPINION

HAWKINS, Senior Circuit Judge:

We must decide whether it was clearly established as of 2008 that the use of a taser in dart mode against a passive bystander amounts to unconstitutionally excessive force within the meaning of the Fourth Amendment.1 Because we determine that it was, we reverse the contrary conclusion of the district court and remand.2

I. BACKGROUND

In the early evening of May 4, 2008, Sergeant Jeff Shelton and four other officers from the Snohomish, Washington Police Department were dispatched to respond to a 911 call of a suicide in progress made by family members of an…

2Cases cited47 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Michael Lacey v. Joseph ArpaioCourt of Appeals for the Ninth Circuit · 2012
  5. Hope v. PelzerSupreme Court of the United States · 2002

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3Cited by214 opinions

  1. City of Escondido v. EmmonsSupreme Court of the United States · 2019
  2. Estate of Marvin L. Booker v. GomezCourt of Appeals for the Tenth Circuit · 2014
  3. Heriberto Rodriguez v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2018
  4. Clyde Spencer v. Sharon KrauseCourt of Appeals for the Ninth Circuit · 2017
  5. Hyun Park v. City and County of HonoluluCourt of Appeals for the Ninth Circuit · 2020

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