Rice v. Morehouse, No. 18-35459 (9th Cir. 2021)
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The Ninth Circuit reversed the district court's grant of summary judgment for police officers on the basis of qualified immunity in an action brought by plaintiff under 42 U.S.C. 1983, alleging violation of his constitutional rights, including his Fourth Amendment right to be free from unreasonable seizure. In this case, the officers tripped plaintiff so that he fell to the ground, pinned him down, and handcuffed him. Plaintiff fell on his face, sustained long-term physical injuries, and sustained emotional distress as a result of the encounter.
The panel rejected the officers' contention that the Notice of Appeal failed to comply with Federal Rule of Appellate Procedure 3(c). The panel also concluded that, although there are material facts in dispute, when the facts are taken in the light most favorable to plaintiff, a reasonable jury could find that plaintiff engaged in passive resistance and that the officers' take-down of plaintiff involved unconstitutionally excessive force. Furthermore, because the right to be free from the application of non-trivial force for engaging in mere passive resistance was clearly established at the time, the officers are not entitled to qualified immunity. Accordingly, the panel remanded for further proceedings.
Court Description: Civil Rights The panel reversed the district court’s summary judgment in favor of police officers on the basis of qualified immunity, and remanded, in an action brought pursuant 42 U.S.C. § 1983 alleging that defendants used excessive force when they executed a take-down maneuver while holding plaintiff in a “police lead” position; that is, they tripped plaintiff so that he would fall to the ground as they held his arms behind his back. The panel first rejected defendants’ contention that plaintiff’s Notice of Appeal failed to comply with the requirements of Federal Rule of Appellate Procedure 3(c) because plaintiff did not specifically indicate that he was appealing from the district court’s summary judgment order granting defendants’ motion for summary judgment on the take-down. The panel concluded that plaintiff provided sufficient notice to defendants of the intended scope of his appeal and defendants did not suffer prejudice: they had an opportunity to, and actually did, fully brief the issue. Viewing the facts in the light most favorable to plaintiff, as was required, the panel concluded that a reasonable jury could find that plaintiff engaged in passive resistance and that defendants’ take-down of plaintiff involved unconstitutionally excessive force. Furthermore, because the right to be free from “the application of non-trivial force RICE V. MOREHOUSE 3 for engaging in mere passive resistance” was clearly established before December 2011, defendants were not immune from suit.
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