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GRAVELET-BLONDIN v. SHELTON

No. 12-35121.

728 F.3d 1086 (2013)

Donald GRAVELET-BLONDIN; Kristi Gravelet-Blondin, Plaintiffs-Appellants, v. Sgt. Jeff SHELTON; City of Snohomish, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

September 6, 2013.

Attorney(s) appearing for the Case

Timothy K. Ford (argued) and Joseph R. Shaeffer , MacDonald Hoague & Bayless, Seattle, WA, for Plaintiffs-Appellants.

Richard B. Jolley (argued) and Adam Rosenberg , Keating, Bucklin & McCormack, Inc., Seattle, WA, for Defendants-Appellees.

Before: MICHAEL DALY HAWKINS and JACQUELINE H. NGUYEN, Circuit Judges, and JAMES V. SELNA, District Judge.

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...

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