United States Ninth Circuit

Officers who used pepper spray against non-violent protesters, who linked themselves together with self-releasing lock down devices, are not entitled to qualified immunity since use of the lock devices did not constitute an active resistance to arrest.

Appellate Information

• Decided 01/11/2002
• Published 01/11/2002

Judges

• PREGERSON, Circuit Judge:, Before:  BRIGHT,PREGERSON, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark Hughes, Denver, Colorado, for the plaintiffs-appellants., Margaret C. Crosby, for amicus curiae, American Civil Liberties Union Foundation of Northern California.


• For Appellees:
  
• Nancy K. Delaney, Eureka, California, for the defendants-appellees.