United States Ninth Circuit

Affirmed in part, reversed in part, and remanded to determine questions of fact pertaining to a San Diego officer’s use of deadly force, where district court granted summary judgment on 4th, 14th and qualified immunity grounds. Reversed on 4th Amendment claim, where district court granted summary judgment where officer’s use of force could be seen by a reasonable trier of fact to be excessive. Affirmed on 14th Amendment claim, where no evidence exists police officer’s conduct involved improper motives. Reversed on qualified immunity claim, where a jury must first determine disputed factual issues prior to granting qualified immunity.

Appellate Information

• Published 2019/07/11

Judges

• Pregerson

Court

• United States Ninth Circuit

Counsel