Emmons v. City of Escondido, No. 16-55771 (9th Cir. 2019)Annotate this Case
On remand from the Supreme Court, the Ninth Circuit affirmed the district court's grant of summary judgment to a police officer in a 42 U.S.C. 1983 action alleging an excessive force claim. In this case, the officer grabbed plaintiff and took him to the ground during an investigation of a reported domestic violence incident.
The panel held that it unable to find a case so precisely on point with this one as to satisfy the Supreme Court's demand for specificity. The closest case the panel found was in Hansen v. Black, 885 F.2d 642 (9th Cir. 1989), where officers, while investigating a gas station robbery and going to the plaintiff's house to see if her son was involved in the robbery, used excessive force in handcuffing plaintiff after she refused to comply with an officer's order. However, the panel distinguished this case from Hansen, because officers were investigating an incident that occurred inside defendant's home, and he had not been ruled out as a possible suspect. Therefore, the panel held that the officer was entitled to qualified immunity.
Court Description: Civil Rights. Following a remand by the United States Supreme Court, the panel affirmed the district court’s summary judgment in favor of a police officer in an action brought pursuant to 42 U.S.C. § 1983 alleging that the officer used excessive force when he grabbed plaintiff and took him to the ground during an investigation of a reported domestic violence incident. The panel held that it was unable to find a specific case precisely on point that would establish that the officer’s conduct violated a clearly established constitutional right of which a reasonable official would have known, and therefore the officer was entitled to qualified immunity. The panel stated that although plaintiff posed no apparent danger to the police officer, it was mindful of the Supreme Court’s conclusion that a case involving police force employed in response to mere “passive resistance” to police was not sufficiently on point with this case as to satisfy the Court’s demand for specificity.
This opinion or order relates to an opinion or order originally issued on March 29, 2018.
- Escondido v. Emmons, No. 17-1660 (U.S. Jan. 07, 2019)
- MARTY EMMONS V. CITY OF ESCONDIDO, No. 16-55771 (9th Cir. Mar. 29, 2018)