(CN) – A full 9th Circuit panel will rehear a case brought by a Maui woman who says her rights were violated by officers who Tasered her when she tried to stop them from arresting her husband during a domestic dispute.
Jayzel and Troy Mattos sued Officers Darren Agarano, Ryan Aikala, Stuart Kunioka and Halayudha MacKnigh over the Tasering, and the district court allowed the case to proceed, saying the use of a Taser may have been unreasonable.
But a 9th Circuit panel overturned that decision in January, finding that the officers did not use excessive force because Troy was drunk, and the situation had quickly become heated and possibly dangerous.
The panel granted the officers qualified immunity from the Mattoses’ claims, but the court has since voted to rehear the case en banc.
The court has also agreed to reconsider the case of a Seattle woman who claims police Tasered her three times while she was 7 months pregnant for refusing to sign a speeding ticket.