United States Ninth Circuit

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Hernandez v. City of San Jose, 17-15576

Affirmed the denial of qualified immunity to the city police officers and dismissed the City of San Jose's appeal. A group of attendees of a political rally for Donald Trump were attacked by anti-Trump protesters. These attendees suffered damages when the police allegedly herded them into the violent protesters. The court reasoned that the attendee’s complaint sufficiently alleged that the officers acted with deliberate indifference to the danger of the protesters and as such were not entitled to immunity at this stage of the proceedings.

Appellate Information

  • Decided
  • Published 2018/07/27


  • Nelson


  • United States Ninth Circuit