Opinion

Shannon Kanda v. Wayne Longo

  • 484 F. App'x 103
Court
Court of Appeals for the Ninth Circuit
Filed
May 25, 2012
Status
Unpublished
Author
Graber
On the bench
Tashima, Graber, Rawlinson
Cited by
0 cases

The opinion

GRABER, Circuit Judge,

dissenting:

I respectfully dissent.

In my view the officers are entitled to qualified immunity. It is undisputed that the officers were justified in arresting Kanda and handcuffing her and that she had committed a battery. A reasonable officer would not necessarily know that a take-down arrest, as distinct from a standing arrest, was excessive or that a take-down on a stair landing was unreasonably dangerous. Kanda was tall, young, and big and had taken a swing at one of the officers (albeit unsuccessfully). Being drunk could have made her more dangerous, rather than less dangerous, to the officers. Our cases counsel against drawing so fine a line as police respond to an *106 evolving situation. For that reason, I would affirm the district court’s decision.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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