United States Ninth Circuit

In an appeal from two orders of the district courts denying defendants' qualified immunity and motion for summary judgment in two separate Section 1983 actions alleging the excessive use of force by defendant-police officers, judgments are: 1) reversed where although plaintiffs adequately alleged constitutional violations, the defendants are entitled to qualified immunity on the Section 1983 claims because the law was not clearly established at the time of the incidents; but 2) affirmed on the district court's denial of qualified immunity with respect to plaintiff's state law claim for assault and battery.

Appellate Information

• Decided 10/17/2011
• Published 10/17/2011

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Eric A. Seitz, Brian T. Moto