United States Ninth Circuit

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Maxwell v. County of San Diego, 10-56671

Summary judgment for defendants in civil rights action arising out of shooting of woman by her husband, a sheriff deputy, brought against law enforcement officials and paramedics who arrived after the shooting, is: 1) affirmed as to the denial of qualified immunity to San Diego Sheriff’s Department deputies because the delay of the woman's ambulance violated the Fourteenth Amendment due process clause so the officers were liable under the danger creation exception, plaintiffs' multi-hour detention and separation violated the Fourth Amendment's ban on unreasonable seizures, and officers violated the Fourth Amendment when they pepper sprayed plaintiff Jim Maxwell because there was no evidence that he was resisting arrest; but 2) reversed as to the finding of immunity for the Viejas Band Tribal Fire Department paramedics, because they were sued as individuals and therefore did not enjoy tribal sovereign immunity because a remedy under section 1983 would operate against them in their individual capacities, not against the tribe.

Appellate Information

  • Decided 02/14/2013
  • Published 02/14/2013




  • United States Ninth Circuit