United States Ninth Circuit

Summary judgment for defendants on a complaint seeking declaratory relief and damages under the Federal Tort Claims Act (FTCA) and for alleged civil rights violations stemming from an incident at plaintiff's home when federal agents arrested his parents is reversed where: 1) the alleged facts showed a violation of his constitutional rights; and 2) a reasonable officer should have known that it was constitutionally excessive to use such force and to use the handcuffs in the manner alleged against an unarmed eleven-year-old child who was cooperating with the officer's requests. (Amended opinion)

Appellate Information

• Argued 10/19/2005
• Decided 12/03/2007
• Published 12/03/2007

Judges

• Before:  ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• A. Clifton Hodges, Hodges and Associates, Pasadena, CA, for the plaintiff-appellant.


• For Appellees:
  
• Frank M. Travieso, Assistant United States Attorney, Los Angeles, CA, for the defendants-appellees.