# Shannon Kanda v. Wayne Longo

> Court of Appeals for the Ninth Circuit · May 25, 2012 · 484 F. App'x 103

URL: https://www.frixlaw.com/law-library/cases/9500558

## Case

- **Full name:** Shannon KANDA, Plaintiff-Appellant, v. Wayne LONGO; City of Coeur D’Alene; Coeur D’Alene Police Department; John Does 1-10; Jane Does 1-10; Gregory Moore, Officer; Jonathan Cantrell, Officer, Defendants-Appellees
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** May 25, 2012
- **Citations:** 484 F. App'x 103
- **Precedential status:** Unpublished
- **Opinion:** Dissent by Graber
- **Judges:** Tashima, Graber, Rawlinson
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9500558

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9500558. Public record. Not legal advice.