United States Ninth Circuit

In plaintiff's civil rights action claiming that police officers used excessive force in arresting him, district court's jury verdict and partial grant of summary judgment in favor of the defendants is affirmed where: 1) the evidence gave rise to genuine issues of fact that were material to determining whether defendants used excessive force in breaking a car window and pulling plaintiff through it; and 2) the district court's jury instruction, which instructed that defendants did not, as a matter of law, use excessive force when they broke the window and dragged plaintiff through it, enforced an erroneous partial grant of summary judgment in favor of defendants, which constituted reversible error.

Appellate Information

• Decided 12/05/2012
• Published 12/05/2012

Judges

• Tashima

Court

• United States Ninth Circuit

Counsel