11 07, 2024

CA9 – Rosenbaum v. City of San Jose, 2024 U.S. App. LEXIS 16975 (9th Cir. July 11, 2024) – Excessive Duration on Bite

By |2024-07-29T18:18:53+00:00July 11th, 2024|CA9, Federal Circuits, Use of Force|0 Comments

9th Circuit CA- Rosenbaum v. City of San Jose, 2024 U.S. App. LEXIS 16975 (9th Cir. July 11, 2024) K9 Use of Force - Excessive Duration - Denial of Qualified Immunity "Contrary to Defendants’ contention on appeal, bodycam video from the arrest does not contradict, and generally supports, Rosenbaum’s allegation that while he lay on his stomach “in full surrender with his hands stretched out and surrounded by all named Defendants with their firearms trained on him,” the police dog “was allowed to continue biting [him] for over 20 seconds, before being pulled away.” At a minimum, whether the officers acted [...]

7 12, 2020

CA9 – Qualified Immunity Denied – Clearly established precedent person not endangering officers or attempting to flee violated unreasonable seizure

By |2021-02-10T16:33:31+00:00December 7th, 2020|CA9, Federal Circuits, Use of Force|0 Comments

Penaloza v. City of Rialto, 2020 U.S. App. LEXIS 38050 (9th Cir. Dec. 7, 2020) We affirm the denial of qualified immunity as to Officer Jarrod Zirkle (“Zirkle”), Boda’s handler, for the release of Boda onto Goode. Goode was the passenger in a car Zirkle pulled over for an expired registration. The driver initially tried to evade police—leading Zirkle in a chase—but once the car stopped, Goode exited the car and knelt on the ground. Zirkle approached the passenger side of the car with Boda, planning to send Boda into the car to bite the driver, Erick Aguirre. Zirkle feared [...]

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