Coles v. Eagle, et al, No. 11-16471 (9th Cir. 2012)Annotate this Case
Plaintiff claimed that defendants, officers of the Honolulu Police Department, used excessive force in arresting him. The officers moved for summary judgment, arguing that their conduct was reasonable and, in any event, that they were entitled to qualified immunity. The court held that the evidence gave rise to genuine issues of fact that were material to determining whether defendants used excessive force in breaking the car window and pulling plaintiff through it. Therefore, the district court erred in granting partial summary judgment to defendants. The court also held that the trial court's jury instruction enforced an erroneous partial grant of summary judgment in favor of defendants and, as such, constituted reversible error.