Split panel; 48-page opinion; Tasers. Might not be the last we've heard of this case (especially in light of the Ninth Circuit's opinion in Bryan v. McPherson) in which Judge Berzon leads her dissent thusly:
Here is what happened to Malaika Brooks, a pregnant mother, as she was driving her son to school one day: Two, soon three, police officers surrounded her. The officers thought she was speeding in a school zone; she says she was not. Brooks provided her identification when asked, so there was no doubt who she was or where to find her. The officers wrote her a ticket but she refused to sign it. Refusing to sign a speeding ticket was at the time a nonarrestable misdemeanor; now, in Washington, it is not even that. Brooks had no weapons and had not harmed or threatened to harm a soul. Although she had told the officers she was seven months pregnant, they proceeded to use a Taser on her, not once but three times, causing her to scream with pain and leaving burn marks and permanent scars.We have more Taser/Fourth Amendment/Section 1983 discussion here. Our favorite post is entitled, "Tasers and the Fourth Amendment." See also the post on Bryan v. McPherson.