United States Ninth Circuit

In a 42 U.S.C. section 1983 action for unlawful arrest, excessive force, and malicious prosecution, also bringing additional state law claims arising from plaintiff's arrest at a mall from which he had been banned, summary judgment for defendants is reversed in part where: 1) under the circumstances, arresting officers used an unreasonable amount of force when taking plaintiff into custody, and the state of the law was clearly established at the time of arrest; 2) certain defendants were not entitled to summary judgment on malicious prosecution claims; 3) genuine issues of material fact remained, for purposes of police chief's supervisorial liability; 4) with the exception of a false arrest claim, defendants were not immune under California law from plaintiff's state law claims.

Appellate Information

• Argued 03/06/2006
• Decided 05/08/2007
• Published 05/08/2007

Judges

• KING, District Judge., Before: M. MARGARET McKEOWN and MARSHA S. BERZON, Circuit Judges, and SAMUEL P. KING, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul L. Hoffman and Michael S. Morrison, Schonbrun DeSimone Seplow Harris & Hoffman, Venice, CA, for the appellant.


• For Appellees:
  
• M. Lois Boback, Woodruff, Spradlin & Smart, Orange, California;  and David A. De Berry, City Attorney, City of Orange, Orange, CA, for the appellees.