Bryan v. McPherson a twenty-one year that spend the night in Ventura County, with his brother and cousins. Brian planned to drive his parents' house in Coronado. Brian girlfriend had accidentally taken his keys to his car to Los Angeles. While only wearing his boxers and a t-shirt he slept in, he drove with his cousins from Ventura County to Los Angeles. Brian got his keys to his car from his girlfriend and drove back to Ventura where he went to get his car. Then, Brian continued his trip to San Diego. Along the way, Brian was stopped by a Highway Patrol officer and given a speeding ticket. Out of frustration, Bryan began to whimper and removed his shirt to wipe his wet face.
Brian continued to the San Diego County and eventually crosses the …show more content…
Bryan alleged that Officer McPherson used excessive force by shooting him with a Taser. Bryan alleged this violated the Fourth Amendment to the United States Constitution. Officer McPherson filed a motion in front of Judge Burns asking him to grant summary judgment to McPherson. McPherson argued that his use of force was reasonable due to the circumstances of Bryan’s erratic behavior. Judge Burns ruled that there was not sufficient evidence for a jury to conclude that Bryan did not advance toward Officer McPherson. Therefore, it was improper for Judge Larry to grant summary judgment in favor of Officer McPherson. The motion became denied. In the court of appeals in the Ninth Circuit, the case had become assigned to a three-judge panel the three judges were Circuit Judges Harry Pregerson, Stephen Reinhardt as well as Judge Wardlaw on the panel. Judges Pregerson, Reinhardt and Wardlaw had to decide whether the force used by Officer McPherson was objectively reasonable based on the facts and the unique circumstances faced by Officer McPherson. Additionally, the panel had to decide whether the nature of the intrusion against Bryan exceeded the governmental interest at stake for the need to apply