S. B. v. County of San Diego, No. 15-56848 (9th Cir. 2017)Annotate this Case
Plaintiffs filed suit under 42 U.S.C. 1983 against defendants, alleging that a sheriff's deputy used excessive force when he shot and killed David Brown in his home. The Ninth Circuit reversed the district court's denial of summary judgment based on qualified immunity to the deputy. The panel held that, although a reasonable juror could find a Fourth Amendment violation in this case, it was not clearly established at the time that using deadly force in this situation would constitute excessive force. In this case, the district court did not have the benefit of White v. Pauly, and the cases that plaintiffs cited to did not satisfy White's exacting standard; nor does this case involve an obvious or run-of-the-mill violation. Therefore, the deputy was immune from liability under section 1983 for his use of deadly force.