Cole Spencer v. Aaron Pew

facts in light most favorable to plaintiff, the panel concluded that Pew’s conduct violated clearly established law. Accordingly, in that respect, the panel reversed the district court’s grant of qualified immunity to Pew. Finally, the panel considered whether any of the other officers were also liable for Pew’s excessive force. Under this circuit’s caselaw, an officer may be culpable for a constitutional violation committed by another officer if the former “is an ‘integral participant’ in the unlawful act” of the latter. Peck v. Montoya, 51 F.4th 877, 889 (9th Cir. 2022). The panel concluded that plaintiff failed to present sufficient evidence to create a triable issue of liability as to any other of the other officers. The panel remanded for proceedings with respect to Officer Pew, and otherwise affirmed the district court’s summary judgment to all defendants.

COUNSEL

Hannah Garland and H.R. Fitzmorris (argued), Certified Law Students; Jeffrey M. Feldman, Supervising Attorney, Summit Law Group PLLC, Seattle, Washington; Elizabeth G. Porter, Faculty Advisor, Ninth Circuit Appellate Advocacy Clinic; University of Washington School of Law, Seattle, Washington; for…