Hernandez v. City of San Jose, No. 17-15576 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's denial of qualified immunity to officers in an action under 42 U.S.C. 1983, brought by plaintiffs, attendees of a political rally for Donald Trump, who were attacked by anti-Trump protesters as they attempted to leave the rally. The panel held that the officers violated clearly established rights and were not entitled to qualified immunity at this stage of the proceedings. The panel held that the attendees alleged sufficiently that the officers increased the danger to them by shepherding them into a crowd of violent protesters and that the officers acted with deliberate indifference to that danger. The panel also held that the City's liability was not inextricably intertwined with the officers' liability. Therefore, the panel lacked jurisdiction over the City's appeal.
Court Description: Civil Rights. The panel affirmed the district court’s denial of qualified immunity to police officers and dismissed the City of San Jose’s appeal in a 42 U.S.C. § 1983 action brought by attendees of a political rally for Donald Trump who were attacked by anti-Trump protesters as they attempted to leave the rally. The panel held that based on the allegations in the operative complaint, which the panel took as true on a motion to dismiss, the attendees alleged sufficiently that the officers increased the danger to them by shepherding them into a crowd of violent protesters and that the officers acted with deliberate indifference to that danger. The district court therefore correctly denied the officers qualified immunity. As for the attendees’ claim against the City, the panel HERNANDEZ V. CITY OF SAN JOSE 3 declined to exercise jurisdiction over it because it was not inextricably intertwined with the qualified immunity issue.