United States Ninth Circuit

In a case alleging 42 U.S.C. section 1983 excessive force and state law battery claims arising from plaintiff's arrest at a casino, summary judgment for defendant based on qualified immunity is reversed where: 1) defendant-officer's use of force during the arrest of plaintiff, an unarmed citizen, was sufficiently excessive to violate his clearly-established constitutional rights; and 2) there were issues of material fact remaining as to whether defendant's actions were in bad faith, for purposes of the battery claim.

Appellate Information

• Argued 10/19/2006
• Decided 02/28/2007
• Published 02/28/2007

Judges

• Before STEPHEN REINHARDT, JOHN T. NOONAN, and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barry Levinson and Algimantas J. Bruzas, Law Office of Barry Levinson, Las Vegas, NV, for the plaintiff-appellant.


• For Appellees:
  
• Lyssa M. Simonelli& Robert McPeak, Las Vegas, NV, for defendant-appellee David Miller.