Rochelle Scott v. Kyle Smith

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROCHELLE SCOTT, individually, No. 23-15480 and as co-special administrator of the estate of ROY ANTHONY SCOTT; D.C. No. FREDRICK WAID, as co-special 2:20-cv-01872- administrator of the estate of ROY RFB-EJY

ANTHONY SCOTT,

Plaintiffs-Appellees, OPINION

v.

KYLE SMITH; THEODORE

HUNTSMAN; LAS VEGAS

METROPOLITAN POLICE

DEPARTMENT,

Defendants-Appellants.

Appeal from the United States District Court for the District of Nevada Richard F. Boulware II, District Judge, Presiding

Argued and Submitted May 13, 2024 Phoenix, Arizona

Filed July 30, 2024 Before: Roopali H. Desai and Ana de Alba, Circuit Judges, and Philip S. Gutierrez, * District Judge.

Opinion by Judge Desai

SUMMARY **

Qualified Immunity / Excessive Force

The panel affirmed the district court’s denial of qualified immunity to Las Vegas Metropolitan Police Department officers on a Fourth Amendment claim for violation of the right to be free from excessive force, and reversed the district court’s denial of qualified immunity on a Fourteenth Amendment claim for violation of the right…