Ninth Circuit -- MARIA TORRES V. CITY OF MADERA

MARIA TORRES V. CITY OF MADERA

   No qualified immunity for police officer who killed handcuffed suspect in police car, thinking she was tasing him.  

   Error in summary judgment for deft, as jury could reasonably find that officer's belief that she was holding a taser to be unreasonable.

   Totality of the circumstances test means that conduct can be unreasonable absent any specific caselaw spelling out the balance in a particular circumstance.