Legal Opinion
Marquez Ex Rel. Marquez v. City of Phoenix
Court of Appeals for the Ninth Circuit
Decided September 11, 2012No. 10-17156PublishedCited by 31 opinions
1Opinion of the Court
Opinion by Judge O’SCANNLAIN; Dissent by Judge SCHROEDER.
OPINION
O’SCANNLAIN, Circuit Judge:
We consider whether a police officer has used constitutionally excessive force by repeatedly deploying an electronic control device — commonly known as a “taser”— against a combative suspect and whether the manufacturer of that device has provided sufficient warning that its repeated use may lead to death.
I
A
Early in the morning of July 28, 2007, Lydia Marquez was roused from her sleep by the sounds of “yelling ... and cussing” coming from a spare bedroom in her Phoenix, Arizona, home. Inside were her…
2Cases cited17 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Pearson v. CallahanSupreme Court of the United States · 2009
- Ashcroft v. al-KiddSupreme Court of the United States · 2011
- Mann v. Taser International, Inc.Court of Appeals for the Eleventh Circuit · 2009
- Smith v. City of HemetCourt of Appeals for the Ninth Circuit · 2005
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Cindy Abbott v. Sangamon CountyCourt of Appeals for the Seventh Circuit · 2013
- Fontenot Ex Rel. Estate of Turner v. Taser International, Inc.Court of Appeals for the Fourth Circuit · 2013
- Cora Mitchell v. City of Warren, MICourt of Appeals for the Sixth Circuit · 2015
- Wallisa v. City of HespariaDistrict Court, C.D. California · 2019
- De Contreras v. City of RialtoDistrict Court, C.D. California · 2012
26 more not listed; retrieve them via the Exa API.