Easley v. City of Riverside, No. 16-55941 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's grant of summary judgment for an officer based on qualified immunity in a 42 U.S.C. 1983 action alleging excessive force. The panel held that the district court did not err by raising the issue of qualified immunity sua sponte and by addressing it on summary judgment. The panel also held that, in viewing the record in the light most favorable to plaintiff, the officer's use of deadly force was objectively reasonable under the Fourth Amendment. In this case, the officer could have reasonably feared that plaintiff had a gun and was turning to shoot him when the officer shot plaintiff following a traffic stop.
Court Description: Civil Rights The panel affirmed the district court’s grant, on summary judgment, of qualified immunity to a police officer in a 42 U.S.C. § 1983 action alleging that the officer used excessive force when he shot plaintiff three times following a traffic stop. The panel first held that the district court did not err by raising the issue of qualified immunity sua sponte and addressing it on summary judgment because the district court retains this authority and because defendant raised and preserved qualified immunity as a defense. On the merits, the panel held that the district court correctly granted qualified immunity and summary judgment in defendant’s favor because his application of deadly force was objectively reasonable under the Fourth Amendment. The panel noted that based on the undisputed facts, a reasonable officer may have reasonably feared that plaintiff had a gun and was turning to shoot him. Dissenting, District Judge Pratt stated that he perceived genuine, material factual disputes in the record that the district court and the majority had either improperly
The court issued a subsequent related opinion or order on November 15, 2018.
The court issued a subsequent related opinion or order on April 3, 2019.
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