Nicholson v. Los Angeles, No. 17-56648 (9th Cir. 2019)
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Plaintiffs filed suit against police officers, the LAPD, and the City, alleging violations of the Fourth and Fourteenth Amendments and various state laws. Plaintiffs were four teenagers who met in an alleyway near their school to listen to and sing rap music. One of the teenagers was holding a plastic replica gun as a prop when Officer Gutierrez shot him because the officer mistook the replica gun as an actual gun.
The Ninth Circuit affirmed the district court's ruling as to the Fourth Amendment claim and held that plaintiffs' detention for five hours—well after any probable cause would have dissipated—and the use of handcuffs throughout the duration of the detention violated their clearly established Fourth Amendment rights to be free from unlawful arrest and excessive force. Furthermore, a reasonable jury could conclude that Gutierrez was more than a mere bystander, but rather played an integral role in the unlawfully prolonged detention and sustained handcuffing of plaintiffs. The panel reversed the district court's denial of qualified immunity to Gutierrez as to the Fourteenth Amendment claim, holding that although Gutierrez's conduct violated plaintiff's substantive due process rights, the right was not clearly established at the time. Accordingly, the panel remanded for further proceedings.
Court Description: Civil Rights. The panel reversed in part and affirmed in part the district court’s denial of qualified immunity to a Los Angeles Police Department officer in an action brought pursuant to 42 U.S.C. § 1983 for violations of plaintiffs’ Fourth Amendment rights to be free from excessive force and unreasonable seizure and violations of their Fourteenth Amendment substantive due process rights. Plaintiffs were among a group of teenagers who had met in an alleyway near their school to listen to and sing rap music. One of the teenagers, plaintiff J.N.G., was shot by defendant Gutierrez after Gutierrez mistook a plastic Airsoft replica gun held by one of the other teenagers for an actual * The Honorable R. Guy Cole, Jr., United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. NICHOLSON V. GUTIERREZ 3 gun. After the shooting, officers detained the group for over five hours while they investigated. J.N.G. and J.H. filed a lawsuit and the district court denied qualified immunity on plaintiffs’ Fourth and Fourteenth Amendment claims. Addressing the Fourth Amendment claim, the panel agreed with the district court that under the circumstances, plaintiffs’ continued detention for five hours after the shooting—well after any probable cause would have dissipated—and the use of handcuffs throughout the duration of the detention violated plaintiffs’ clearly established Fourth Amendment rights to be free from unlawful arrest and excessive force. The panel rejected Gutierrez’s argument that while he participated in the initial handcuffing and detention, he was not responsible for any subsequent constitutional violation because he played no role in that conduct. The panel held that an officer can be held liable where he is just one participant in a sequence of events that gives rise to a constitutional violation. Here, viewing the evidence in the light most favorable to plaintiffs, Gutierrez was more than a “mere bystander” in the alleged constitutional violations. The panel affirmed the district court’s denial of qualified immunity on the Fourth Amendment violations because, ultimately, a reasonable jury could conclude that Gutierrez played an integral role in the unlawfully prolonged detention and sustained handcuffing of plaintiffs. Addressing the Fourteenth Amendment substantive due process claim, the panel held that, viewing the totality of the evidence in the light most favorable to the plaintiffs, the shooting violated plaintiffs’ due process rights. Under the circumstances, a rational finder of fact could find that Gutierrez’s use of deadly force shocked the conscience and was unconstitutional under the Fourteenth Amendment. 4 NICHOLSON V. GUTIERREZ Nevertheless, the panel held that because no analogous case existed at the time of the shooting, the district court erred by denying Gutierrez qualified immunity for this claim. The panel accordingly reversed the district court and remanded for an entry of qualified immunity on the Fourteenth Amendment claim.
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